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Home My WebLink About02-3942GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA~ PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C ('/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Read Suite 429 Carle Place, NY 11514 Plaintiff VS. RICHARD SANCHEZ BRENDA L. SANCHEZ Mortgagor(s) and Real Owner(s) D~f~mdant(s) 60 W. Mare Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WI LL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE CUMBERLAND COUN~D/BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES [NC 8 ]rvine Row Carlisle, PA 17013 717-243-9400 AVISO Il ttAN DEMI\ND \[ )( ) \ [ ISFED EN EA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE US~f ED RESFON DA NI'E() I)1 *(I I)iAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO PARA DEFENDERSE ES NECESSAR[O QUE USTED, O SU ABOGADD, REGISI RE C()N I \ ( ()R?E EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. REt'IJliRI)~: SII;'q]IDNOREPONDEAESTADEMANDA, SEPUEDEPROSEGUiRCONELPROCESOSiNSUPARTiCiPACiON. ENTONCES, LACOUTEPUEDE, SIN NO'I lFl( A RID. I)ECII)IR ,\ I \ \ ( )R DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION. ES POSSIBI Ii Q[ll; [ ISTI!D PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. ILIVE ESI A DEM \NI )\ ,\ UX ABOGADO IMMED1ATEAMENTE 'ql NO ('ONOCE A I iN \lIO(i M)O, I.LAME AL "LAWYER REFERENCE SERVICE" (SERV[C10 DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liber~, Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICiNG AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C., One Old Country Road, Suite 429 Carle Place, NY 11514. 2. The name(s) and address(es) of the Defendant(s) is/are RICHARD SANCHEZ, 60 W. Main Street, New Kingston, PA 17072 and BRENDA L. SANCHEZ, 60 W. Main Street, New Kingston, PA 17072, who is/are tbe mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On July 30, 1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE MONEY STORE FiNANCIAL CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1226 Page 934. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. by Assignment of Mortgage dated September 14, 1994 as Book 482 Page 129; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due May 05, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 04/05/2002 through 08/31/2002 at 9.9500% Per Diem interest rate at $6.52 Attorney's Fee at 5.0% of Principal Balance Late Charges from 05/05/2002 to 08/31/2002 Monthly late charge amount at $0.00 Costs of suit and Title Seamh Escrow Debit Monthly Escrow amount $0.00 $23,941.55 $971.47 $1,197.08 $1,326.38 $750.00 $28,186.48 +$77.08 $28,263.56 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, ~vill 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 based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) 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 "A". The Defendant(s) has/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 Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. ~VHEREFORE, Plaintiffdemands judgment in mortgage foreclosure in the sum of $28,263.56, together with ~nterest at the rate of $6.52, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By:/aOSEP~ A. GOLDBECK, JR., ESOUIRE TTORNEY FOR PLAINTIFF VERIFICATION I, Joseph A. Goldbeck Jr., as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: A,[,I. ti3et c~rt~i,~ tot o~ Stound, with the improvements the;con erected, ~lt~nt~ nad ~rl~b~ Turnpike. now ~wn ~ U.S, Highway ~o. 11, whl~ s~d point ~ ~ twe~ty.t~tce (23) ~nut~ W~I 0~teen and ~ve-tcnth (16,~) feet to I point; thence through a party-w~l ~iv~din$ th~ atoremantlofled dweHin~ from Inother t~ end on.half st0~ bri~ dw~lini North two (2) d~re. th~iy (30) ~nut~ ~est flf~-fo~r ~nd four-tenth (54.4) to * point et the north.west c~rner o~ ~e dwelljn~ erected on ~o landt her~in thence by other lends o~ the ~d Or~nte~ ~re~ North [ou~ (4) de,tees f0rt~ve ~n~t~ W~t o~ hundred th~rty-thr~ (133) f~t to ~ pipe on ~e South sma o[ ~ ~16y; ~a~ &lon~ the southern ltn~ o~s~td ~Ioy North ~f~h~.efght (88) deSr~ ~n~.thre, (~) mlnut~s E~t elShteen (18) ~tet t.o a plp~ st comer ot l~ds now of Robert tormerJy of ~eodore R, Olburn~ tften~ llo~8 Icy I~t m.ntloned I~dl South four desre~ ~fte~ (15) rain. res ~t on~ hu~rcd th~rry, thrca (~33) feet to ~ point at the not~aSt cotn~r of the aforementioned brt~ dwolltnl ho~a: thence ~ong I~ds O~ South ~o (2) degrc~ thit~ (30) mi~lol ~t ~y-four and four-tenth (54.4) ~cet to the ' ~VING thereon erected a two un~ ofl~llalf sto~ brick d~ellln8 ~ouse, DF985 EXHIBIT A RICHARD SANCHEZ 60 W MAIN ST NEW KINGSTON, PA 17072 May 9, 2002 NBRC 0071880306 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. Sr)ecific informatio. about the nature of the default is r~rovided in the attached ~aees. 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 heh) 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 counseling agency. The name. address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice, If you have any auestions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with imoaired hearing 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 yon find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR V1VIENDO 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 LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERD1DA DEL DERECHO A RED1MIR SU HIPOTECA. HOMEOWNERS NAME(S): RICHARD SANCHEZ PROPERTY ADDRESS: 60 W MAIN ST NEW KINGSTON, PA 17072 LOAN ACCOUNT NUMBER: 0071880306 CURRENT LENDER/SERVICER: HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE DF985 RICHARD SANCHEZ PO BOX 6 NEW KINGSTON,, PA 17072 May 9, 2002 NBRC 0071880306 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that thc mortea~e on your home is in default, and the lender intends to foreclose. St)celtic information about the nature of the default is provided in the attached vaacs. 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 hdv 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 cotmseline aeencv. The name. address, and phone number of Consumer Credit Counseline Aeencies servine your county are listed at the end of this Notice. If you have any auestions, you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397 (Persons with impaired hearine can call 717-780-I 869). 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 AD JUNTO 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 AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): RICHARD SANCHEZ PROPERTY ADDRESS: 60 W MAIN ST NEW KINGSTON, PA 17072 LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: 0071880306 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE DF985 BRENDA L SANCHEZ 60 W MAIN ST NEW KINGSTON, PA 17072 May 9, 2002 NBRC 0071880306 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default, and the lender intends to foreclose. Sr~ecific information about the nature 9fthe defau t s provided in the attached ~aees. ' ' 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 hel* 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 counseline aeency, The name. address, and t~hone number of Consumer Credit Counseline Aeencies servine your county are listed at the end of this Notice. If you have any ouestions, you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397 (Pers~nq with impaired hearlne 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. Yon 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 AD JUNTO ES DE SU-MA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOT1FICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): BRENDA L SANCHEZ PROPERTY ADDRESS: 60 W MAIN ST NEW KINGSTON, PA 17072 LOAN ACCOUNT NUMBER: 0071880306 CURRENT LENDER/SERVICER: HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE DF985 BRENDA L SANCHEZ PO BOX 6 NEW KINGSTON,, PA 17072 May 9, 2002 NBRC 0071880306 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default, and the lender intends to foreclose. Soeciflc informatio,, about the nature of the default is orovided in the attached rages 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 HEM,M° can heln 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 counseline aeency. The name. address, and rhone numb¢r of Consumer Credit Counseline Aeencies servine your county are listed at the end of this Notice. If you have any ouestions, you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397 (Perso~,~ 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 find a lawyer. LA NOT1FICAION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONT1NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCC1ON 1MMEDIATAJvlENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR1BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): BRENDA L SANCHEZ PROPERTY ADDRESS: 60 W MAIN ST NEW KINGSTON, PA 17072 LOAN ACCOUNT NUMBER: 0071880306 CURRENT LENDER/SERVICER: HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE 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: · 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. TEMPORARy STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay &the foreclosure on your mortgage for thirty (30) days from the date &this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY I30~ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI.I.I~IO "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you artend 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 !he date &this meeting. The names, addresses and tclcohone numbers of dcsitnatcd consumer counselin~ aeencics for the count,/ tn which your oroocreq is located are set forth at the end &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 Noficc (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 Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one &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 flied 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 O I'HEIi 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 fimds 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 you 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. 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 fried bankruptcy you can still apply for Emergenc Mortgage Assistance.) IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT IBrin~ it uo to datel. NAT RE THEDEF ULT ' Thc MORTGAGE debt held by the above lender on your propeny located at 60 W MAIN ST NEW KINGSTON, PA ~ 7072 IS SERIOUSLY IN DEFAULT because: following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $1,141.80 c) Late Charges: $1,274.93 d) Recoverable Corporate Advances $ 960.67 e) Other Charges and Advances $ .*Syntax Error, g f) Less funds in Suspense: $ 0.00 e) Total amount required as of(due date) $ !Syntax Error, # YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the B. 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, WHICH IS $ !Syntax Error, #) 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 cashier's check, certified check, or money order made payable to: Regular Mail HomEq Servicing Coq~oration P.O. Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262-00 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 tights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE LETTER DATE, HomEq Servicing Coq~oration also intends to instruct their attorneys to start a legal action to foreclose unon your mort~aeed nronerty. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged propetty will be sold by the Sheriffto pay offthe 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 still be required 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 all reasonable atlorney'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 other reasonable costs. If you cure the default within the THIRTY (30) DAY neriod, you will not be reuuired to I~av attorneys' fees. ~- The lender may also sue you personally for the unpaid principal balance, and all other sums ue 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 rieht to cure the default and t~revent the sale at ar!y time up to one hour before the Sheriff's Sale. You may do so by t~avin~ the total mount then t>ast due t~lus any late charees chames then due. reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as sr)ecified in writin~ by the lender and by t~erformin~ any other reouirements 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. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE 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 Sherifl'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 BY TELEPHONE OR MALL: Name of Lender: Address: Telephone Number: Fax Number: HomEq Servicing Corporation P.O Box 13716 Sacramento, CA95853 800 795-5125 Ext. 10302 916-339-6910 EFFECT OF SHERIFF'S SAI,E- You should realize that a Sheriff's sale will end your ownership of the mortgaged proper~ 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 not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROWER 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 DEFAULTS ANY 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 TIlE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation THE BANK OF NEW YORK AS TRUSTEE : IN THE COURT OF COMMON PLEAS OF UNDER THE POOLING & SERVICING : CUMBERIJkND COUNTY, PENNSYLVANIA AGREEMENT DATED JULY 31, 1994-C : C/O ROSICKI ROSICKI & ASSOCIATES : NO. 02-3942 CIVIL TERM One Old Country Road, Suite 429 Carle Place, NY 11514, Plaintiff VS. RICHARD SANCHEZ and BRENDA L. SANCHEZ Mortgagor(s) and Real Owner(s) 60 W. Main Street New Kingston, PA 17072, Defendants : ACTION OF MORTGAGE FORECLOSURE PRELIMINARY OBJECTIONS AND NOW comes Richard Sanchez and Brenda L. Sanchez, Defendants, and file their Preliminary Objections to Plaintiff's Complaint, as follows: PRELIMINARY OBJECTIONS FOR FAILURE TO CONFORM TO LAW 1. Rule 1019(h) and (i) requires that a pleading specifically states whether the claim sued upon is based upon a writing, and if so, to attach a copy of same. 2. The Complaint fails to state whether the claim sued upon is based upon a writing. 3. If the mortgage and note or bond sued upon are written instruments, Plaintiff was obliged to attach copies thereof, which it has failed to do. 4. Pa.R.C.P. 1147(1) requires in an action of Mortgage Foreclosure that the Plaintiff state and recite any assignments that have occurred. 5. A reference to Cumberland County Mortgage Book 1226, Page 934 indicates that the original mortgagee was The Money store Financial Co., Inc. 6. The Plaintiff herein is the Bank of New York as Trustee Under the Pooling & Servicing Agreement Dated July 15, 1997, Series 1999-C, as pleaded in paragraph 1 of the Complaint. 7. In paragraph 3 of the Complaint, it is averred that the mortgage wasn't assigned. 8. Since the original mortgagee was the one entity and the Plaintiff is another entity, the mortgage must have been assigned and the Plaintiff has failed to disclose the assignment. PRELIMINARY OBJECTION REQUIRING A MORE SPECIFIC COMPLAINT 9. Paragraphs 1 through 8 inclusive are incorporated herein by reference. 10. By virtue of the foregoing, Plaintiff should be required to file a more specific Complaint with respect to whether a writing is involved and the facts as to the mortgage assignment. 11. In paragraph 6 of the Complaint, Plaintiff avers and claims $750.00 for costs of suit and a title search. 12. Costs of suit such as filing fees paid to the Prothonotary and Sheriff are not properly includable in the amount of judgment sought, but are awarded as a matter of course to the successful party, being taxed as costs. 13. Plaintiff has failed to differentiate in the foregoing charge of $750.00 that which is court costs, and to have excluded that in its claim for damages. WHEREFORE, Defendants requests the Court to dismiss the Complaint, or alternatively, to require the Plaintiff to amend its Complaint to plead with specificity those matters heretofore referred to. sanchez\obj ection YOFFE & YOFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Defendants 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 THE BANK OF NEW YORK AS TRUSTEE : IN THE COURT OF COMMON PLEAS OF UNDER THE POOLING & SERVICING : CUMBERLAND COUNTY, PENNSYLVAi~IA AGREEMENT DATED JULY 31, 1994-C : C/O ROSICKI ROSICKI & ASSOCIATES : NO. 02-3942 CIVIL TERM P.C. One Old Country Road, Suite 429 Carle Place, NY 11514, Plaintiff VS. RICHARD SAi~CHEZ and BRENDA L. SANCHEZ Mortgagor(s) and Real Owner(s) 60 W. Main Street New Kingston, PA 17072, Defendants · ACTION OF MORTGAGE FORECLOSURE VERIFICATION We hereby state that we are adult individuals who are authorized to make this verification and that the facts set forth in the foregoing Preliminary Objections are true to the best of our knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. RiChARD SAN~HE~Z O \ ~ BREN~ GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Road Suite 429 Carle Place, NY 11514 VS. RICHARD SANCHEZ and BRENDA L. SANCHEZ Mortgagor(s) and Record Owner(s) 60 W. Main Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 02-3942 CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS PRELIMINARY OBJECTIONS FOR FAILURE TO CONFORM TO LAW 1. Denied. The averments of paragraph 1 are conclusions of law to which no response is necessary. 2. Denied. Plaintiff's Complaint states that it is based on Defendants' default under the terms of a Mortgage, which Mortgage is properly incorporated by reference in accordance with Pa. R.C.P. 1019(g) in paragraph 3 of Plaintiffs Complaint. The Assignment of Mortgage is similarly property incorporated by reference in the same paragraph. Tree and correct copies of the Mortgage and Assigment are attached hereto as Exhibits A and B respectively. 3. Denied. See Plaintiff' s answer to paragraph 2 herein and Pa. R.C.P. 1019(g). In addition, Plaintiff submits that copies of the documents are attached hereto as Exhibits, thereby making the preliminary objection moot. 4. Denied. The averments of paragraph 4 are conclusions of law to which no response is necessary. 5. Admitted. 6. Admitted. 7. Denied. On the contrary, paragraph 3 says that "the mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned." Then paragraph 3 goes on to recite the details regarding the assignment including the proper information incorporating the document by reference pursuant to Pa. R.C.P. 1019(g). 8. Denied as stated. It is denied that the Plaintiff has failed to set forth the particularities of the Assignment to Plaintiff. See Plaintiff's answers to paragraphs 2 and 7 herein. PRELIMINARY OBJECTION REQUIRING A MORE SPECIFIC COMPLAINT 9. Plaintiff incorporates by reference its answers to paragraphs 1 through 8 as if fully set forth herein. 10. Denied. The averments of paragraph ! 0 are conclusions of law to which no response is necessary. By way of further response, see Plaintiff's answers to paragraphs 1 through 8 herein. 11. Admitted. 12. Denied. The averments of paragraph 12 are conclusions of law to which no response is necessary. 13. Denied. Plaintiff submits that it is entitled to recover all costs associated with the instant foreclosure pursuant to the temps of the Mortgage executed by Defendants. See Exhibit A hereto, paragraph 17. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an Order OVERRULING Defendants' Preliminary Objections and requiring Defendants to file an Answer to Plaintiff's Complaint. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER Attorney for Plaintiff GOLDBECK MeCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Road Suite 429 Carle Place, NY 11514 VS. RICHARD SANCHEZ and BRENDA L. SANCHEZ Mortgagor(s) and Record Owner(s) 60 W. Main Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 02-3942 CIVIL TERM PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS I. INTRODUCTION Plaintiff has filed a mortgage foreclosure Complaint because Defendants are in default under the terms of the mortgage held by Plaintiff. In response, Defendants have filed frivolous Preliminary Objections in an effort to delay the foreclosure action. II. PLAINTIFF'S MORTGAGE FORECLOSURE COMPLAINT COMPLIES WITH THE PENNSYLVANIA RULES OF CIVIL PROCEDURE Plaintiff's action in mortgage foreclosure is based upon an action at law to foreclose a mortgage, not to enforce a personal liability. Pa. R.C.P. 1141. Rule 1147 of the Pa. Rules of Civil Procedure sets forth the averments that are required to be pled in a mortgage foreclosure complaint. The Rule provides: The Plaintiff shall set forth in the complaint: 1. The parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments; 2.A description of the land subject to the mortgage: 3. The name(s), address(es) and interest(s) of the Defendants in the action and that the present real owner is unknown if he is not made a party; 4. a specific averment of default; 5. an itemized statement of the amount due; and 6. a demand for judgment for the amount due. Plaintiff's Complaint in the instant matter comports with the aforesaid Requirements. Specifically, paragraph two (2) states the names, addresses and interests of the Defendants. Paragraph three (3) recites the date of the execution of the Mortgage and also sets forth the date of the Assignment along with the information concerning the recording of the Mortgage and Assignment. Paragraph four (4) refers to the legal description of the land. Paragraph five (5) states that the Mortgage is in default. Paragraph six (6) provides a breakdown of the amount due on the Mortgage. The Wherefore clause then sets forth Plaintiff's demand for judgment. Accordingly, Plaintiff's Complaint complies with the pleading requirements as set forth in the Pennsylvania Rules of Civil Procedure. III. PLAINTIFF HAS PROPERLY INCORPORATED THE MORTGAGE DOCUMENTS BY REFERENCE Defendants contend that the Complaint should be stricken because Plaintiff has failed to attach copies of the mortgage and assignment to the Complaint, allegedly in violation of the Pa. Rules of Civil Procedure. Defendants' contention is without merit. Rule 1019(h) of the Pa. Rules of Civil Procedure provides: A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or a copy if not accessible to him, it is sufficient to so state, together with the reason, and to set forth the substance of the writing. Defendants' argument ignores, however, the provisions of Rule 1019(g) which states: Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action. A party may incorporate by reference any matter of record in any state or federal court of record whose records are within the county within which the action is pending or any matter which is recorded or transcribed verbatim in the Office of the Prothonotary, Clerk of any Court of record, Recorder of Deeds or Register of Wills of such county. (Emphasis added). Additionally, Rule 1019(d) provides: In pleading an official document or official act, it is sufficient to identify it by reference or aver that the document was issued or the act done in compliance with the law. Paragraph three (3) of PlaintiWs Complaint avers that the mortgage that is the subject of the instant action was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1226 Page 934. Identical averments and appropriate recording information have also been provided for the Assignment of Mortgage in the Plaintiff's Complaint. As such, these averments falls squarely within the provisions of Rule 1019(g) and/or 1019(d). The writing need not be attached under these circumstances because it is properly incorporated by reference. See generally 2 Goodrich-Amram 2d section 1019(g):2. See also, London v. Kingsley (No. 3), 51 Lack. Jut. 59 (1950) (reference to the deed book incorporated the entire deed into the pleading). Moreover, even if Defendants are correct in their assertion that the mortgage and assignment documents should have been attached to the Complaint pursuant to Rule 1019(h), Plaintiff has attached true and correct copies of the documents to the instant pleading as Exhibits A and B. It has long been recognized that ifa copy of the document sought by defendants is furnished by plaintiff, the defendant's preliminary objection becomes moot. Delgross v. Gruerio, 389 A.2d 119 (Pa, Super. 1978). IV. PLAINTIFF HAS REQUESTED REASONABLE COSTS OF SUIT AND TITLE SEARCH IN ACCORDANCE WITH THE MORTGAGE AND PENNSYLVANIA LAW Under paragraph 17 of the Mortgage, a copy of which is attached hereto as Exhibit A, Defendants agreed that in the event of a default, the mortgagee has the right to bring an action in mortgage foreclosure for the recovery of the full amount of the indebtedness secured by the mortgage, including reasonable attorney's fees, costs and expenses of foreclosure and sale, as permitted by law. Plaintiff submits that the amount of $750.00 for costs of suit and title evidence is more than reasonable in this matter. V. CONCLUSION For the reasons set forth herein, Defendants' Preliminary Objections are meritless and have been interposed for the purpose of delay only. Plaintiff respectfully requests that this Honorable Court enter an Order overruling Defendants' Preliminary Objections and directing Defendants to file an Answer to Plaintiff's Complaint within twenty (20) days of the Court's Order. Respectfully submitted, GOLDBECK, McCAFFERTY & McKEEVER ~~~quire EXHIBIT "~" .ECO.O ^.O TO . PRO~'EBSIONAL ABSTRACT & AS~RA~E C~E ' ~STREETRD., TRE~SE. PA 1~o~~ THIS MORTGAG~ is ~c ~s ~h day of July, 1994 ~CHARD SANCH~ AND B~NDA L. SANCHEZ 03S-003-00023050-4 between the Mortg~or, ~ ~ (herein "Borrower'), and the Mortgagee. ~he Money Store Financial Co., [ne. a corporatio~ or, sniped md existing under the laws of the Commonweslth of PENNSYLVANIA whose address is 3507 Market Street, Ste. 201 Camp Hill, Pennsylvania 1701~herein 'Lender'). WHERBAS, Borrower is indebted to Lender in thc principal sum of U.S. $32,000.00 which indebtedness is evidenced by Borrower's note dated July 30, 1994 and extensions and renewals thereof (herein 'Note'), pro~idin8 for monthly installment& of principal and interest, with the balance of the indebtedness, if nm sooner paid, doc end payable on August S, 2009 . TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other stoas, with interest thereon, advanced in accordance herewith to protect the security of tltis Mortgage; and the parfo~'mnnce of the ~;oveuants end agreements of Bo,u,,,er herein contained, Borrower does hereby mortgage, grant and convey to Leader thc followin8 described property located in the County of CUMBERLAND Commonwealth of Pennsylvenla: SEE ATTACHED SCHEDULE #A" which has the address of (hecein 'Property Addrees'); 60 WEST MAIN STREET, NEW KINGSTON, PA 17072 CUMBERLAND COUNTY/SILVER SPRINGS TWP. TOOETHER with all the improvements now or hereafter erected on the property, and all easements, tights, oppurt~m'""'_s and rents, aH of which shall be deemed to be and remnln n part of the p~peny covered by this Mortple; and aH of thc forcsoin~, to, ether with said propen'y (or the leasehold estate if this Mortsage is on a leasehold) are hereinafter referred to as the 'Property. ' Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the tight to mortgage, ~rent and convey the Proparty, and that the Property is unenenmbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property asainst aH claims and demands, subject to encumbrances of record. UNIPORM COVBNANTS. Borrower and lender covenant end agree ns follows: - l.. Payment of Prinelpld ~nd Interest. Borrower shah promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Nots. 2. Funds for Taxes and Insurance. SubJect to applicable law or a written waiver by Lender. Borrower shall pay to Lender on the day mommy payments of principal and imprest are payable under thc Note, until the Note is paid in full. a sum (herein "Funds') equal to one-twelfth of the yearly taxes and assessments (including condominium and plaorted unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yesrly premium installments for hazard insurance, plus one-twelfth of yearly premium JuataHments for mortgage insurance, if say, all as reasonably estimated initially and from time to time by Lender on the basis of -'-"---~-sments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Ponds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgane or deed of trust if such holder is an institutional lender. [ PI~N. NSYLVANIA Rev. 10/8'/ -I~fMA/PI/I,MC UNIFORM mSTR*U*A{~ [ If Borrower pays l~mds to Lender, the Punds shall, be held in an institution the d~purits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institu- tion). Lender shall apply the F~mds to pay said rexes, aasessmenu, inenr~e prem/um~ and gaooud rents. L~der may not charge for so holding and epplying the Funds, analyzing said ace'.mint or verifying and enmpiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree tn writing at the time of execution of this Mortgage interest on the l~tnds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or eurn~s on the Funds. Lender shall give to Borrower, without charge, an annual acenonfln8 of the Punds showing cx~lits and debits to thc Funds and the purpose for which each debit to the Funds was made. The Pmlds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Ftmds held by Lender, together with the future monthly installments of Funds payable prior to the duc dates of taxes, assessments, insurance premiums and grcmnd rents, shall exceed the amount re- qnifed to pay said taxes, ~5~essn~ltst tnsuranc~ premiutas ~nd glennri I~nts es tht.~7' fnli dnc, ~lch excess be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rants as they fall da.e, Borrower shall pay to Lender any amount necessary to make up thc deficiency in one or murc payments as Lender may require. Upon payment in full of all sums secured by &ts Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or thc Property is otbe~vise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit agutnet the sums secured by tbis Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments recei',,td by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower ~ast perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien witch has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, acsessmants and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, If any. 5. Hazard lnstmuncc. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage', and such other hn~lrds as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably witlflteld. All insorancc policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof~ subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. .' In the event of loss, Borrower shall give prompt notice to the insurance can'ier and Lender. ~oder may ma.kc proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender v~thin 30 .days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, tender is authorized to collect and apply the insurance proceeds at Lender,s option either to restoration or repair of the Property or to the sums secured by this Mortgage, 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not co~,,,~tt waste or permit palrment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shah perform all of Borrower's obligations under the dcclerahon or covenants creating or gove~ng thc condominium or planned unit development, the by-laws and regulations of the condomtntum or planned unit deYeinpmanl, and constituent documeals. 7. Protection of Lender's Security. If Borrower falls to perform the covenants and agreements contained in this Murtgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, incloding reasonable attorney's fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of mnktog the loan secured by this Morlgnge, Borrower shall pay thc prcmlun~ requited to maintain such insurance in effect onlil such lime as the require- ment for such insurance terminates in accordance with Borrower's and Lender's Written agreement or applicable law. Any amounts disbursed by Lender pursuant to this Paragreph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and J~l~sp~ctious of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lien of condemnation, are hereby assigned and shall be paid to Lander, subject to the terms of any mortgage, d~'d of trust or other security ~reemant with a lien which has priority over this Mortgage. 10. Borrower Not blessed; Forbanranc~ B), Lender Not a Waiver. Extension of the time for payment or modification of ~unurtizatiun of the sun~ secured by ~ Morti~e gnm~l by Lunder to ~ny suc- cessor In Interest of Borrower shall not ppentte to release, in my manner, the liability of the original Born2v/er ~nd Berm%vet's successors in interest. Lender shall not be required to commf~ce proceedings a~ainst such successor or refuse to extend time for payment or otherwise modify amortization of the s,,m* secured by title Mortgage by reason of any demand made by thc originil Borrower and Borrower's succorers in Interest. Any by Lender in exercising any right or remedy hereunder, or otherwise sfforded by applicable law. shall not be a v~iver of or prectudc tlw exercise of any such right or remedy. !1. Successors und A~_signs Bound; Joint and Seyeral Linbility; Co-sifpmrn. The covenants and agreements herein contained shall bind, and the tights hereunder shall inure to, the respective sucenseora nad assigns of l..cnder and Borrower, subject to the provisions of psragreph 16 hereof, AH covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Murtga~e, but docs not execute Note, 0t) is co-eigntne_, this Moflgage un]y to mortgage, grant and cunvey that Borrower's Interest In the Property to Lender under the terms of this Mortgage, CO) is not personally liable on thc Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder nuty agree to extend, modify, furbeMr, or make any other accommodations with regard to the terms of this Mortns~e or the Note without that Borrowur's and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. l~xcept for any notice required under applic~bte law to be given In another ms.er, (a) any notiea to Borrower pro~ded for In this Mortises shall be 8ives by deHveflng it or by mulling such notice by first class mail eddressed to Borrower at the Property Address ur at such other id&ese as Borrower may de~gn~te by notice to Lender as provided herein, and Co) any notice to Lender shah he given by first class mall to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notiea provided for In this Mortgage shall be deemed to have been given to Borrower or Lender when given in the turnout' designated herein. 13. Governing l~w; SeveenbHJty. The state and local laws applieabte to this Murtgage eh.ti be ~ laws of the jurisdiction in which the Property is located. The foregoing ecntence .a~ts not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mur~age or the Note which can he given effect withunt the cunflictinJt provision, and to this end the provisions of this Mortgane and thc Note are declared to be severable. As used herein, 'costs', 'expenses' and 'attorneys' fees" Include all sums tl~ extent not prohibited by applicable law or limited herein, 14. Borrower's Copy. Borrower shall be f~l~lshed a conformed copy of the Note and of this Mortgage at the tinge of exuc~tion ur af~-r recordation hereof. !$. ltdmbilitation Loan Ap'cement. Borrower shall fulfill all of Burrower's obligations ttmler any Tehabliitztion, improvement, tel)air, or other loan agreement which Burrov~r enters into with Lemier. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, un assignment of any rtEhis, ct:tlml or defenses which Borrower may have ap~nst parties who supply labor. materials or services in connection with Improvements mede to the Properly. 16. Trtt~fer of the Property or a Beneficial Interest in Burrower. ~f all or any pat of the Property or any interest in It is sold or transferred (or if a beneficial interest in Borrower is sold ur trans- ferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. requi~ immediate payment in full of all sums secured by this Mort. sage. However, tilts option shall not be exe~lsod by Lender if exercise is prohibited by federal law as of the dire of this Mortgage. If Lender exerciecs this option, Lender shall give Borrower notice of acceleration. The notice s~ll provide a period of not Less th~n 30 days from the date the notice is delivered ur mailed withLv which Bo~,vwer must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of thio period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand ou NON-UNi~ORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Aceele~tion; Remedies. Upon Borrower's breach of any coYenant or agreement of Borrower In tMs Mortgage, Incindin8 the covenants to pay when due any sums secured by this Morrfage, Lender prior to _~cc_~lerntion shall give notice to Borrower ~ provided by applicable law speclf3d~, among other t~,tngs: (1) the (2) (he ~ction required to cure such breich; (3) a date, not less than 30 days from the date the notice is tint'ted to Borrower, by which such breach must be cured; and (4) that f~llure to cure such breach on or buforn the specified in the notice may result In acceleration of the sums secured by th~s Mortgage, foreclosure by .judicial proceeding, and sale of the Property. ~ notice shall further inform Borrower of the right to reInstate slier accele~lion and the right to assert in the foreclosure proceeding the nonexist~F.e of a default or any other defense o£ Borrower to acceleration and foreclosUre. If the breach is not cured on or before the date In the notice, Lender, ;ti Leuder's option, may declare all of the sums secured by this Mortgage to be !mm~dintoly due and pay&bls without further demnnd and may foreclose this Mortgage by judicial proceeding. Lemiet ~ttt be entitled to collect in such proceeding all expenses of foreclosure, tnclttdthg, but not limited to. teasonnble attorneys' fees, end costs of documentary evidence, abstracts and title wports. 18. Borrower's RiF. ht to Reimtate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Bce'ewer shall have the right to have ally prueeedings be~m by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of biddin~ at a sheriff's sale or other eric pursuant to this Mortgafe If: (a) Borrower pays l.ender all s.m~ which would be then due onder this Mortgage ~ the Note I~d no accelelltJon occurred; (b) Borrower cur'es ail bwaches of any other covenants or agreements of Borrower contained in this Mort8agc; (c) Burrower pays all renron~ble e~s Incurred by Lender in enforcing the covenants and a~resments of Borrower contained in this Me. Me and in enforcing Lender's remedies as provided In parMraph ~7 hereof, inchidins, but nm limited to, reasonable attorneys' fees; and (d) Borrower takes such action LS Lender m~y reasonably require to aesu~ that the ~ of this Mortgage, Lender's Interest In the Property and Borrower'e obligation to pay the sum~ sectu~ by ~ Mortgage shell continue unimpal1~.d. Upon such payment and cure by Borrower, this Murt~age and the oblifations eccmed hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assi?ment of Rents; Appointment ~'oF Reeeiv~r; Lender tn Possession. As add~tional security hereunder, BotTower hereby assi~ue to Le.n~er the rents of the Propexxy, provided that Borrower shaH, priue to ~:eleralion trader p~Mraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due sad payable, Upon aceelenUion onder paragraph 17 hereof or abandonment of the Property, Leader, in person, by ·gent or t~ judichlly appointed receiver, ~s!! be entitled to co~r upon, take possession of and mM,-3c thc Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shah be applied first to payment of the costs of mnnts~nt of the ~ Ired collection of rents, including, but not limited to, receiver's fees, p~emi.mm on receiver's bonds sad rceson~ble ·ttorney's fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Xnterest Rate A/ter Jud~nent. Borrower agrees that the interest rate psy·ble after · .judgment is entered on the Note or in an action of mortgage foreclosure shall bc the r·te st·ted in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUP]t~IOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender Request the holder of any mort~ge, deed of Lust ur other encumbrance with · lien which has priority over this Mort~qe to give Notice to Lender, at Lender's address set forth on pa~e one Of this Mortgage, of any default under superior en~mbrance and of any sale or other foreclosure action. I~' WITNESS WHER.EOF, Borrower has executed this Mortgage and acknowledges receipt of · trn~ copy of this instrnment. in the o , (S~) ~rt~w ~ ~ICHARD SANCI~.Z.-_ ~/.-Borrower I ~ ~ ~at ~e p~ a~ ~ ~e ~ ~) k: 3S07 Market St~et, gte. 201, Camp Hill, Pennsylvanh ~ ~ ~ ~e ~r, By l~ ~ ~, ~t ~ ~i~t ~nw~ ~ ~ ~ ~ ~s~m~t nd ac~S~ ~ ~ ~t~ the ~ for ~e p~ hc~ ~. ~ ~S ~OF, I ~nto ~ my ~d ~d ~ci~ s~. My Commt~t~ expires: (Space Below This Line Reserved for Lender and Recorder) Commonwealth of Pennsylvania ) SS: . , County of Cumberland ) ,,ecorded in the of ne R, ,der of ed, in~ for EXHIBIT "t~" Know all Men by these Presents That Thc Money Store Financial Co., inc. 3S07 Market Street, Ste. 201 Camp Hill, Pennsylvania, 17011 the Mertgt~ee muned in the Meriglge h~einafter mntioned, f(~r and in comideratfon of the sum of ONE DOLLAR ($1.00) lawful money, unto us in hand paid by at the time of the execution hereof, the the receipt whereof b hereby acknowledged, dee~ hereby grant, bargain ~ell, atuign, tramfer and set over unto the amd ~'hMl~'* d I~k~ Y~, "' T~mlze t~er Ihe Po~i~ and ~ervicJr~ its suecessers and a~g,~, a CerLMn Mort~ng~ ~Jven and executed by RICHARD SANCHEZ AND BRENDA L. SANCllF. Z in the principal sun of $32,000.00 Thirty Two Thousand Dollars & No/100 recorded in Mort~ge B~k X226 , ~ 934 , Recorder of Deeds Omee in and ro~ the ~unnt~ of CUMBKRLAND . Cemmunwealth of ~ said tmttunent the date of July 30, 1994 . and rueerded en .a.~nmt 4, 1994 , hbe~k 1226 , Page 934 60 WEST MAIN STREET, NEW KINGSTON. PA 17072 , , SILVER SPRINGs TWp. ALSO the Note in the said Mortgage recited, and all moneys, principal and inter, st, due and to ~FOW due thereon with the Warrant of Attom~ to ~e said Oblisation And all its Right, Title, Interest. Property Claim and Denand, in and to ~be-asme: To have, hold, receive and take, ~n nd sb~b~ the h~e~tmen~ and Premises h~eby panted and assigned, or mentioned and intended so to be, RICHARD & BILl.aDA L. SANuH~Z: its su~q~rs and assigns, to nd for its their only preper use, benefit and behoof forever; subject, ne~erthehm, to the equity of redemption of said ~in the said Mert~ge named, and their/his/her heirs and AssiZe IN WITNE~ WHEREOF, the said Ani~nor has hereunto set his hand and seal or ~ to be hereto affixed this 30th day of July, 1994 . Sinned and ~di~ered TI~ MO/~ STORE FINnN(3AL CO,, INC. in.lie Ptes6ac~ of ~n4q~ Albright ~/ Jo~t~ E. Maurer Auelstant~Secretnry Af~tant Vlee President OF Pennsylvania .. ~* . ~: , Cumberland day of July, 1994 , before me, a Nota~ Public, in and for Maurer .,,., acsnowm~en hhueelf (berself~ to be the Assistant Vice President of Store FIn&nclal Co., Inc. a eerporation and bt he as such, bein~ authorized to de so, executed the foregoing instrument for the AssistantVic~ P~esident . IN WITNESS WHEREOF, I have hereunto set my hand and offJeial senL The address of the within nmned Assignee New York, New York 10286 - /~6~- I Hampden Twp Assignment of Mortgage THE MONEY STORE FINANCIAL CO., INC. 3507 Market St., Sutie 201 C~u~ Hill, Ps. 17011 The Ba~kofNewYork, as Trustee under the Pooling and Servicing/~'re~ent dated as of July $1, 1994, Series 1994~ DATED July 30, 1994 3507 Market St., Sutie 201 Ca~p ltill, Pa. 17011 RECORDED in the office For recording of deeds in and for ~ WITNESS my hand and seal of Office thie day of ~ Anno DominJ VERIFICATION LISA A. D'ANGELI, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Response to Defendants' Preliminary Objections are tree and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Lisa ~. ~-*~squire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mail East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Road Suite 429 Carle Place, NY 11514 VS. RICHARD SANCHEZ and BRENDA L. SANCHEZ Mortgagor(s)and Record Owner(s) 60 W. Main Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 02-3942 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a tree and correct copy of Plaintiff's Response to Defendant('s)(s') Preliminary Objections was sent by first class mail, postage pre-paid, upon the following on the date listed below: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Date: GOLDBECK, McCAFFERTY & McKEEVER Lis~A. D'~Ang 'i, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-03942 P COMMONWEALTH OF pENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS SANCHEZ RICHARD ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon the SANCHEZ RICHARD law, DEFENDANT , at 1750:00 HOURS, at 60 W MAIN STREET NEW KINGSTOWN, PA 17072 on the 19th day of August , 2002 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: So Answers: Docketing 18.00 ~y~~ Service 4.14 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.14 Sworn and Subscribed to before me this ~.~ day of ~,.,,A~ ~_ov3~ A.D. Pr6th~otary ' 08/20/2002 GOLDBECK MCCA~FERT~ MC~EEVER By: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-03942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS SANCHEZ RICHARD ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon SANCHEZ BRENDA L to law, the DEFENDANT , at 1750:00 HOURS, on the 19th day of August at 60 W MAIN STREET NEW KINGSTOWN, PA 17072 RICHARD SANCHEZ, HUSBAND a true and attested copy of COMPLAINT - by handing to , 2002 MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ..~2~-- day of / Prothonotary So Answers: R. Thomas Kline 08/20/2002 GOLDBECK MCCAFFERTY MCKEEVER /D~puty~Sherif f PRAECIPE FOR LISTING CASE FOR ARGUMENT (MuSt be typewritten and sut~itted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please I i-~t the within matter for the next Argt~ent Court. CAPTION OF CASE (entire caption must be stated in full) _c-Co ( Defe~4ant ) e e State matter to be argued (i.e., plaintiff's motion for new trial, defer~nt's d~arre_r to cu~%,]a~nt, etc. ): Identify counsel who ~1 1 argue case: Ch~ Io.., Pc,_ . IRIOI~ (b) for defendant: ~ocr~o4q ~ V0r~, ~ q ! w111 ~otif7 ~11 parties in writing within t~ days that k---~n l i-~ted for 4. Argu~_nt Court Date: Dated: GOLDBECK McCAFFERTY & McKEEVER A Professional Corporation By: Lisa A. D'Angeli, Esquire Attorney I.D. #: 78020 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED JULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Road Suite 429 Carle Place, NY 11514 VS. RICHARD SANCHEZ and BRENDA L. SANCHEZ Mortgagors and Record Owners 60 W. Main Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 02-3942 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a tree and correct copy of Plaintiff's Argument for Listing Case for Argument relative to Defendants' Preliminary Objections was sent by first class mail, postage pre-paid, upon the following on the date listed below: Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Date: GOLDBECK, McCAFFERTY & McKEEVER L~li,~-'~quire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: .loseph A. Goldbeck, .lt. Attorney I.D. #16132 Suite 500- The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING & SERVICING AGREEMENT DATED .1ULY 31, 1994 SERIES 1994-C C/O ROSICKI ROSICKI & ASSOCIATES P.C. One Old Country Road Suite 429 Carle Place, NY 11514 VS. Plaintiff RICHARD SANCHEZ BRENDA L. SANCHEZ (Mortgagor(s) and Record owner(s)) 60 W. Main Street New Kingston, PA 17072 IN THE COURT OF COMMON PLEAS of Cumberland County No. 02-3942 CIVIL TERM PRAECIPE TO DISCONTINUE AN~) END TO THE PROTHONOTARY: your Kindly mark the above case Discontinued and costs only. Ended upon payment of JR., ESQUIRE