HomeMy WebLinkAbout06-3827
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOOD CREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
p1eadings@Udren.com
Deutsche Bank Trust Company
Americas f/k/a Banker Trust
Company as Trustee
1270 Northland Drive
Suite 200
Mendota Heights, MN 55120
Plaintiff
ATTORNEY FOR PLAINTIFF
~ COURT OF COMMON PLEAS
, CIVIL DIVISION
Cumberland County
v.
Richard L. Neil
Julie M. Neil
1065 Myerstown Road
Gardners, PA 17324
Defendant(s)
NO. 0(, -JPJ.7
Ct~~L~€Iu-v1
COMPLAINT IN MORTGAGE FORECLOSURE
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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita 0 en
persona 0 con un abogado y entregar a la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso 0
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero 0 sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
Is! Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Lakeland Regional Mortgage Corp.
Assignments of Record to: Homecomings Financial Network, Inc.
Recording Date: 2/4/02 Book: 684 Page: 1909
Assignments of Record to: Banker Trust Company as Trustee
Recording Date: 3/17/03 Book: 695 Page: 1895
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant (s) ,
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant (s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 1065 Myerstown Road
MUNICIPALITY/TOWNSHIP/BOROUGH: Dickinson Township
COUNTY: Cumberland
DATE EXECUTED: 7/9/01
DATE RECORDED: 7/17/01 BOOK: 1727 PAGE: 3804
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant (s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
6/20/06:
Principal of debt due
Unpaid Interest at 9.125%
from 12/1/05
to 6/20/06
(the per diem interest accruing on
this debt is $18.80 and that sum
should be added each day after
6/20/06)
Title Report
Court Costs (anticipated, excluding
Sheriff's Sale costs)
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $425.07 and that sum should
be added on the first of each
month after 6/20/06)
Late Charges
(monthly late charge of $31.24
should be added in accordance
with the terms of the note
each month after 6/20/06)
Attorneys Fees (anticipated and actual
to 5% of principal)
TOTAL
$74,164.29
3,797.60
325.00
280.00
o
187.44
3,708.21
$82,462.54
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $82,462.54 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged pre ises.
Mark J. Udren, ESQUIRE
UDREN LAW OFFICES, P.C.
Attorney for Plaintiff
Attorney I.D. No. 04302
FrOl"PREMIER ABSTRACT
+243 3380
I-U4 r.l,Iw.Il...W I I."
II
Exhibit A
ALL that eenalD tract of IlUId with the lmproveDIeJIb 1iIenlon sltaablln DIcklDlGD
ToWD&ldp, Camberlallll COlUlty,1'emuylvauIa, b01lllcleclud clescr1bed lIlI fonows:
BEGINNING at aD troD ptn In the eenterllDe ofTIIWDIIIip RoadNCI.. T-5Z4 00 the
Une of Lot No.3 on till: hereblafter mendonllll plaD of lots; thena llIoog the latter,
Soutll 63 degrees 46 IIIiIIlIteI 00 _ads Eat. a diJtlmee of 327.47 feet to a conente
marker 011 tile One oflaad oOW or formerly ofDolUlld A. Gl'OIIp theaee slollg tile
latter, South 26 degrees 00 mblOtel %0 secoDcIs West, a distaDce 01268.45 feet to 8
concrete IDOBumeat; thnc:e sloBg the lame, North 58 cJ.eer- 20 aWlUtes 20 HCoads
West, 8 dIstluace 0'248.35 feitto an troll plJI ill the ceaterUDe ofTcrwDShlp &bad T-
,
52oC; tlleDce llIoog die latter, North l.9degrees 48 minutes 00 seeltllcls East, 8 dIstllIlee
of U2.4G feet to uiron pia; tb._ aloBg tile .....1, North. 02 deInw 15 miD... 40
secomb Wilt, a cU.....c:e of 195.65 feet to all froB Pm. tile place of BEGINNING. ~
BEING deKrlbed.!lCOrdblg 10 plan by Stewart WII1Uier, P.E., daWd May IS. 1!l79
and recorded ill the Offla ofille Recorder of Deeds for Cambedaad Co....ty,
reouylvaaia, ill PlP lIook 35, Paae 109, od 'belq deslpllted as Lot No. :z thereon.
.
.,
\
\.1", "" {his to be recorded
';' (~:.>l(J.;tland County PA
.
,'-},v.,-~ ~..rr' J'iI~'-
.;1 "
'\f~~'I~i; <I
.,....:: I.
\ .
. ,
'rf.,st4\k'\Q(t2::
Recorder of Deeds
8K 1727PG38 \ 9
Homecomings Pinancial
A GMAC Company
March 07, 2006
Certified Mail, Return Receipt Requested
0412722613
Julie M Neil
1065 Myerstown Rd
Gardners, P A 17324
Re: Property Address:
1065 Myerstown Rd
Gardners, PA 17324
Loan Number:
0412722613
A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to
cure the default is the payment of all sums due under the MortgageIDeed of Trust loan agreement. As of the
date of this letter the total amount due is $ 3.455.46. That sum includes the following:
3 payments totaling: $ 3,245.84
Late charges: $ 194.44
Other fees andlor costs $ 34.00
Unapplied Funds: $ 18.82
The total amount due shown above is subject to further increases for additional monthly payments, late
charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To
obtain an update of the total amount due to cure this default, contact us at 1.800.206.2901.
TO CURE THIS DEFAULT. SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED
CHECK IN THE AMOUNT OF $ 3.455.46 BY April 06. 2006 TO TIffi FOLLOWING ADDRESS:
Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHf TO: 1820 East
Sky Harhor Circle South, Suite 100 Phoenix, AZ 85034-9700
If the default is not cured within thirty (30) days of the mailing of this letter, the lender. without further notice
or demand, will accelerate the maturity date of the Note and declare all sums secured by the MortgageIDeed of
Trust to be immediately due and payable. The lender then intends to have the property sold at a public
foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up
to the time of the sale by paying the past due monthly payments and other sums then due under the
Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement.
You have the right to bring a court action to assert the nonexistence of a default or any other defense that may
exist to prevent acceleration and sale of the property.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED
TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
Sincerely,
Loan Counseling Department
HLH
*Homeownenhip counseling is available to you through the 'Credit Counseling Resource: Center' (CeRC), an alliance of oomumer credit
oounseling agenoies. The CeRe has been rctainod by Homecomings Finanoial to provide advice to you on oredit is!lUCIl, inoluding how to
reduce debt and improve O8lIh flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, or you
may wish to contact a HUD-approvcd housing oounseling agency by calling 1.800.569.4287 tOr further information.
Homecomings Financial
2711 North Haskell Avenue Suite 900 Dallas, Texas 75204
800.206.2901 Homecomings,com
EXHIBIT A
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMA TJON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
This is an official notice that the mortlUllZC on your home:: is in default. and the lender intends to foreclose. Soecific infonnation
about the nature ofthc default is orovided in the attached naaes.
Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM !HEMAP) mav be able to belo to save your borne. This
Notice exolains how the nr02ram works.
To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS
OF TH DATE OF TIIIS NOTICE. Take this notice with vou when vou meet \\lith the Counselimz AlZencv.
The name address and ahone number of Consumer Credit Counselinll Allencies serving; vour Callotv are listed at the end of
this Notice. lfva" have any auestions. vau may call the Pennsylvania Housinv. Finance Allencv toll free at 1-800-342-2397.
(Persons with imo9.ired hearimz can Cllll (717) 780-18691,
This Notice contains important legal information. If you have any questions, representatives at the Consumt:r Credit
Counseling Agency may be able to help explain it. You may also Wllnt to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTlFICAClON EN ADJUNTO ES DE SUMA lMPORTANClA, PUES AFECTA SU DERECHO A CONTlNUAR
VIVJENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDlATAMENTE LLAMANDA ESTA AGENClA (pENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONAOO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LIAMAOO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE
SAL VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMlR SU H1POTECA.
Date: March 07, 2006
TO:
Julie M Neil
l06S MyerstQWIJ Rd
Gardners, P A 17324
Premises:
l06S MyerstoWll Rd
Gardners, PA 17324
Re: Loan Number: 0412722613
FROM: Homecomings Financial
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELlGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEF AUL T 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 REQillREMENTS
ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE
AGENCY
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure
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 conswner credit counseling agencies listed at the end of this Notice. TInS
MEETING MUST OCCUR WITHIN TIlE NEXT 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 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 telenhone numbers of designated consumer credit counseling
agenCIes for the county in which the Property is located are set forth at the end of this Notice. It is only necessary
to schedule one face-to-face meeting. Adviseyour 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 ahout the nature of your default) If you have tried and
are \lI1able 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
LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE
HomeComings Financial
Attn: Ryan Ramos
9350 Waxie Way Ste. 100
San Diego, CA. 92 123
Fax: 858-514-5516
ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE
ABOVE REFERENCED ADDRESS.
YOU !l::I!![[ FILE YOUR APPLICATION PROMPfLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LEITER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACfION .- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your 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 Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECfED BY THE FILING OF A PETITION IN
BANKRUYfCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSTRUED AS AN AITEMPT TO COLLECf THE DEBT.
(If you have med bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brio!! it UP to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
1065 Myerstown Rd , Gardners, P A 17324
IS SERIOUSL Y IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Monthly payments from 01/01/06 to 03/01106 totaling:
Late Charges:
Other fees and/or costs (including NSF charges and property inspections):
LESS: Unapplied Funds:
TOTAL
$ 3,245.84
$ 194.44
$ 34.00
$ 18.82
$ 3,455.46
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 DUE TO THE LENDER, WHICH IS $ 3.45!i.46. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTY (30) DAY
PERIOD. Pavrnents must be made either by cash. cashier's check, certified check or money order made navable
and sent to:
Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHf TO:
1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700.
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 rillht to accelerate the mortvave 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 attorney 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 mortgage debt If the lender refers your case to its attorney, 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 amoWlt you owe the lender, which may also include other reasonable costs. H yOU cure the default
within the THIRTY (30) DAY oeriod. yoU will not be required to Bay attorney'. fee..
OTHER LENDER REMEDIES - The lender may also sue you personally for the Wlpaid principal balance and
all other swns due Wlder 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 right to cure the default
and prevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so bv oaviml the total
amount then Past due DIns any late or other chanles then due. reasonable attornev's fees and costs connected with
the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writin. bv the lender and
bv nerformioll anY other reauirements under the mortaaec. Curing your default in the manner set forth in this
Notice will re.tore your mortgage to the .ame position as if you had Bever defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be appronmately .ix (6) mOBth. from the date of this
Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait You may find out at any time exactly what the
required payment or action will be by contacting the lender.
HOW TO CONTACT TIlE LENDER:
Homecomings Financial
2711 N. Haskell, Suite 900
Dallas. TX 75204
Attn: Loan COWlseling Department
Phone: L800.206.29Ol
EFFECf OF TIlE 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 at any time.
ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your home to a buyer or transferee who
will asswne the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs
are paid prior to or at the sale and that the other requirements of the mortgage are satistied.
YOU MAY ALSO HAVE TIlE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS
DEBT.
TO HAVE THIS DEF AUL T 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 DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LA WSUlT 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.
Sincerely,
Loan Cotmseling Department
Enclosure(s)
List of Counseling Agencies
Homecomings Financial
A GMAC Company
March 07, 2006
Certified Mail, Return Receipt Requested
0412722613
Richard L Neil
1065 Myerstown Rd
Gardner., P A 17324
Re: Property Address:
1065 Myerstown Rd
Gardners, P A 17324
Loan Nwnber:
0412722613
A default exists under the above referenced MortgagelDeed of Trust loan agreement The action required to
cure the default is the payment of all swns due under the MortgagelDeed of Trust loan agreement AB of the
date of this letter the total amount due is $ 3.455.46. That swn includes the following:
3 payments totaling: $ 3,245.84
Late charges: $ 194.44
Other fees and/or costs $ 34.00
Unapplied Funds: $ ]8.82
The total amount due shown above is subject to further increases for additional monthly payments, late
charges, attorney fees, and/or other fees and cost which may become due. after the date of this letter. To
obtain an update of the total amount due to cure this default, contact us at 1.800.206.2901.
TO CURE TIllS DEFAULT, SEND YOUR CASHIER'S CHECK. MONEY ORDER, OR CERTIFIED
CHECK IN THE AMOUNT OF $ 3.455.46 BY April 06. 2006 TO TIffi FOLLOWING ADDRESS:
Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East
Sky Harbor Circle Soutb, Suite 100 Phoenix, AZ 85034-9700
If the default is not cured within thirty (30) days of the mailing of this letter. the lender, without further notice
or demand, will accelerate the maturity date of the Note and declare all sums secured by the MortgageIDeed of
Trust to be immediately due and payable. The lender then intends to have the property sold at a public
foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up
to the time of the sale by paying the past due monthly payments and other sums then due under the
MortgagelDeed of Trust loan agreement and by complying with all terms of reinstatement
You have the right to bring a court action to assert the nonexistence of a default or any other defense that may
exist to prevent acceleration and sale of the property.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED
TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE
Sincerely,
Loan Counseling Department
HLH
*Homcownership counaeling is available to you through the 'Credit Counseling Resource Center' (CCRC), an alliance of consumer credit
counseling agencies. The CeRe has been retained by Homecomings Finanoial to provide advice to you on credit issuel!I, inoluding how to
reduce debt and improve cash flow management oopabilitics. You may contact them at 1.877.806.0775 forllSllislance at no cost to you, or you
may wish 10 contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for further infonnation.
Homecomings Financial
271\ North Haskell Avenue Suite 900 Dallas, Texas 75204
800.206.2901 Homecomings.com
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN AND ANY INFORMA nON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
This is an official notice that the mortlzluze on vour home is in default and the lender intends to foreclose. 80ecific information
about the nature of the default is orovided in the attached calles.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM iliEMAP) mav be able to helD to save your home. This
Notice exoIsins how the OfOlzram works.
To see ifHEMAP can helD. vou must MEET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS
OF TII DATE OF TIllS NOTICE. Take this notice with vou when vou meet with the Counselin12 AlZcncv.
The name address and ohane number of Consumer Credit Counselimz AlZcncies servinlZ vour Countv are listed at the end of
this Notice. If YOU have any auestions you mav call the Pennsvlvania Housiml Finance Allencv toll free at 1.800-342-2397.
(Persons with imoaired heariml can call (7171 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 NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMEN1E LLAMANDA ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY)
SIN CARGOS AL NUMERO MENCIONAOO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO 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 IllPOTECA.
Date: March 07,2006
TO:
Richard L Neil
1065 Myerstown Rd
Gardners, PA 17324
Premises:
1065 Myerstown Rd
Gardners, PAl 7324
Re: Loan Num ber: 04127226 I 3
FROM: Homecomings Financial
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WInCH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEF AUL T 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 PENNSYL V ANlA 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 THE NEXT 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 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 te1evhone numbers of designated consumer credit counselin~
a~encies for the county in which the oronerlv is located are set forth at the end of this Notice. It is only necessary
to schedule one face-to-filce meeting. Advise your 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 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 conswner 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
LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE
HomeComings Financial
Attn: Ryan Ramos
9350 Waxie Way Ste. 100
San Diego, CA. 92123
Fax: 858-514-5516
ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO TIlE
ABOVE REFERENCED ADDRESS.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTIl IN nns LEITER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACfION .- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your 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 Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTEcrED BY TIlE FILING OF A PETmON IN
BANKRUPTCY, TIlE FOLLOWING PART OF nns NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSTRUED AS AN ATI'EMPT TO COLLECf THE DEBT.
(If you have filed bankruptcy you can ,till apply for Emergency Mortgagc Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it uo to date).
NATURE OF TIlE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
1065 Myerstown Rd , Gardners, P A 17324
IS SERIOUSL Y IN DEF AUL T because:
YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Monthly payments from 01101106 to 03/01/06 totaling:
Late Charges:
Other fees and/or costs (including NSF charges and property inspections):
LESS: Unapplied Funds:
TOTAL
$ 3,245.84
$ 194.44
$ 34.00
$ 18.82
$ 3,455.46
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this
Notice BY PAYING TIlE TOTAL AMOUNT DUE TO TIlE LENDER. WHICH IS $ 3.455.46. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DA Y
PERIOD Payments must be made either by cash. cashier's check. certified check or money order made pavable
and sent to:
Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062.8426 OR OVERNIGHT TO:
1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700.
IF YOU DO NOT CURE TIlE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rlub! to accelerate the mortv:ali!e 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 attorney 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 mortgage debt If the lender refers your case to its attorney, 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 neriod. YOU will not be reQuired to Day attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and
all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO 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 right to cure the default
and orevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so bv Davina the total
amount then oast due DIllS any late or other charlZes then due reasonable attornev' s fees and costs connected with
the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writing bv the lender and
bv oerformine any other requirements under the mortsr82e. Curing your default in the manner set forth in this
Notice will re.tore your mortgage to the .ame po.itlon a. if you had never defaulted.
EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
S.le of the mortgaged property could be held would be approximately six (6) month. from the date of this
Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any time exactly what the
required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Homecomings Financial
2711 N. Haskell, Snite 900
Dallas, TX 75204
Attn: Loan Counseling Department
Phone: 1.800.206.2901
EFFECT OF THE 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, .
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may be able to 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 or at the sale and that the other requirements of the mortgage are satistied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PA Y OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO mE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEF AUL T (HOWEVER YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR)
TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LA WSUlT 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.
Sincerely,
Loan Counseling Department
Enclosure(s)
List of Counseling Agencies
, .
V E R I F I CAT ION
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Mark J. Ud ,ESQUIRE
UDREN LAW OFFICES, P.C.
(:.
~'-
- ~
~ B
..;()
;t;l.
(n
~
tf1
o
~
1-
ore
.-q
- .-1
( ""L
,n
,
C\
~_. "
(,.?
C)
.-: (;"';
,
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03827 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK TRUST CO AMERICA
VS
NEIL RICHARD L ET AL
DOUGLAS RUZANSKI
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
NEIL RICHARD L
the
DEFENDANT
, at 1907:00 HOURS, on the 14th day of July
at 1065 MYERS TOWN ROAD
, 2006
GARDNERS, PA 17324
by handing to
RICHARD L NEIL
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
9.68
.00
10.00
.00
37.68V"
~ 1-),-1.0(,
.?'~~
R. Thomas Kline
07/17/2006
UDREN LAW OFFICES
Sworn and Subscibed to By:
before me this day
of A.D.
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2006-03827 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK TRUST CO AMERICA
VS
NEIL RICHARD L ET AL
DOUGLAS RUZANSKI
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
NEIL JULIE M
the
DEFENDANT
, at 1907:00 HOURS, on the 14th day of July
, 2006
at 1065 MYERSTOWN ROAD
GARDNERS, PA 17324
by handing to
RICHARD L NEIL,
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.
6.00
.00
.00
10.00
.00
16.00/ 07/17/2006
Cf.-. 1);}f)olt UDREN LAW
Sworn and Subscibed to By:
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
.r~~
R. Thomas Kline
OFFICES /7
/
/
before me this
day
of
A.D.
UDREN LAW OFFICES, P.C.
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
WOODCREST CORPORATE CENTER
III WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400
ATTORNEY FOR PLAINTIFF
Deutsche Bank Trust Company
Americas f/k/a Banker Trust
Company as Trustee
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
v.
Richard L. Neil
Julie M. Neil
NO. 06-3827 Civil Term
Defendant
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly mark the above DISCONTINUED WITHOUT PREJUDICE,
upon payment of your costs only.
(~
Mark ~dren, Esquire
UDREN LAW OFFICES, P.C.
Attorney for Plaintiff
DATED:July 31, 2006
S?
-?'
\(~f
\<\ \" '
.-, . ~,
~7 .j
~T\
'(0"'.
.r:5~
\.:-::~
~~ ~":.~
y s-;::-
2
~
2f).
~
;....\
(...::J
o
~
...). -r,
:r;~
\\ \!}
:?, \-7
-.J ~~:of.~. ~,
~ '----
}~
';4
t?-
o
(.r,