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Home My WebLink About02-5233· GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPII A. GOLDBECK~ .IR. ATTORNEY I.D. #16132 SUITE 500- TIlE BOURSE BEDG. 111 S. INI)EPENI)EN('E MAEL EAST PIIILADELI'IIIA, PA 19106 (215) 627-1322 ATTORNF. V FO~ PL.aINT~rF CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK & TRUST CO. 7467 New Ridge Road Suite 222 Itanover, MD 21076 Plaint(If WENDELL C. BIGGS Mortgagor(s) and Real Owner(s) 222 E. Mare Street Shiremanstown, PA 1701 I 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. ~ _ 1'a&,~ CIVIL ACTION: MORTGAGE FORECLOSURE THIS F1RM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL liE USED FOR TIIE PIJRPOSE OF COLLECTING TIlE DEBT. NOTICE IEGAL SERVICES INC 8 ltv/ne Row 717 243-9400 AVISO II II,\NI)IMAND~,[)() ,,iiSii!DENLA(.ORiE. SIDESEADI!F[NDERSE£.O~TRALASQ[ii.iASPERESENTADAS, ESABSOLUTAMENTENE(ESSARiOQUE USTEDRESPONi)A DEN IR()I)I 21//iLNSDLrSPUESDESERSi!RViDOCONESTADEMANDAYAViSO. PARADEFENDt!RSEESNECESSAE. iOQUEUSTED, OSU lEGAL SERVICES INC 8 Irvine Row ('mlisle, PA 17013 717 243 9400 (~OSIPI,AINI IN MORTGAGE FORECLOSUIIE 1. Plaintiffis C1TICORP TRUST BANK FSB F/K/A TRAVELERS BANK & TRUST CO., 7467 New Ridge Road, Suite 222 Hanover, MD 21076. The name(s) and address(es) of the Defendant(s) is/are WENDELL C. BIGGS, 222 E. Main Street, Sbiremanstown, PA 1701 l, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On March 18, 2000 mortgagor(s) made, executed and delivered a mortgage upon tile premises hereinafter described to CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK & TRUST CO., which mortgage is recorded in lhc Office oflhe Recorder of Deeds of Cumberland County as Book 1601 Page 437. The mortgage bas not been assigned unless said assignment to the Plainti£fis hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. Tile premises subject to said nortgage is described as attached. 5. Thc mortgage is in default because monthly payment of principal and interest upon said mortgage due .hme 18, 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 tile mortgage: Principal Balance Interest fi'om 05/18/2002 lhrough 10/31/2002 at 11.3600% Per Diem interest rate at $18.40 Attorney's Fee at 5.0% of Principal Balance Late Charges from 06/18/2002 to 10/31/2002 Monthly late charge amount at $29.46 Costs of suit and Title Search Other interest charges Appraisals $59,111.55 $3,O54.4O $2,955.58 $147.30 $750.00 $66,018.83 +$18.63 +$95.00 $66,132.46 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior lo 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 tile date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". Thc Defendant(s) hasAlave not bad tile required fi~ce-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through tile Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. · 09/2572002 1~2~ 717-295-7155 SE~ECH ONE ~ 2959155 LANC TITLE INFO JOUR THIS DEED, nine hun"red--fy-six (1996~ ~D~ C. B~GGS, $1n~le ~e~on, Of Sh~reman~t~n, Grantee: sa.i~ Oran~o~, his ~elrs and a~sl~ns: ALL ~IAT CERTAIN house and lot oz land situate in th= Borough of · e~orlb~d as follows, to w~t: s~ree~, ~or~mr of land of D~isy W~n~; thence along said Soutbe~ an~ two~tenth~ (20.~} fac= to a ~o~nt; then== along th~ lin~ of other lands of John ~. Carba~lgh and Frances ~. carbeugh, hie the dwelling erected on ~eh premises ~hrein 4e~crlbed and the ~wel].ing on the let immediately adjaOent on the east. and b~yond, PAGE 02 ~'~.716 ~.~ 89/25/2882 16:29 717-295-7155 LANC TITLE INF0 JOUR ~aJd -~hern lin~ o£ Cor~lmn~ AIi~ ~n a w~tw~rd]y direc~i~n PAGE 83 ~9/25/20~2 16~29 717-295-7155 SERRCH ONE ~ 2959155 LANC TITLE INFO JOUR I ~ne-half (~ 1/2)story, fram~ ~wellln~ ~use, ~nown an~ numDered BEiN~ ~he same premises which The Firat Baak and TrUSt Company dee4 d~e~ February 2~, ~979 an~ re,or, ed February ~2, 1979 the Cu~berl~ County Recorde~ o~ Oe%~ office i~% Deed B~O~ IS A CONVEYANCE FROM PA~KNT TO C~ILD AND iS, T~SREFORE, FROM T~{E PAXME~T ~F REA~¥ TRANSF~TAX~S. ~[N])~e said Grantor~ hereby covenar~ an4 agree ~hac t'hay will warrant generally the p=oper~y hereby conveyed. llVggt~'NF. SS WFIFJUEO~ sai~ =rantorn have hereunto ~e~ ~ha£r hand~ Arthur 6. Bigg~ ~'/ ; ~rance$ v, Biq~ PAGE 84 7160 3901 9844 09~1 1866 ACT 91 NOTICE DATE OF NOTICE: September 19, 2002 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may bo able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, 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 servini,, your County are listed at the end of this Notice. If you have any questions, you may call thc Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired 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 any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cua! puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: September 19, 2002 Homeowners Name: WENDELL C. BIGGS Property Address: 222 E. Main Street, Shiremanstown, PA 17011 Loan Account No.: 5308004823351 Original Lender: CITIFINANCIAL SERVICES, INC. Current Lender/Servicer: CITIFINANCAL SERVICES, INC. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HEI,p YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS 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, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARy STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated 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 1HIS 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 telephone numbers of designated consumer credit counseling agencies for the coun .ty 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. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the masons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be flied or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available fnnds for emergency mortgage assistance are very limited. They will be disbursed by the Agency tinder 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. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 222 E. Main Street, Shiremanstown, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payment from 06/01/2002 thru 9/19/2002 (4 mos. at $589.21/month) $2,356.84 (b) Late charges from 06/01/2002 thru 9/19/2002 (4 mos. at $29.46/month) $ 117.84 (c) Appraisals $ 95.00 (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE $2,569.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2~569.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by cashier's check, certified check or money order made payable and sent to: CITIFINANCIAL SERVICES 1NC. C/o GOLDBECK, MCCAFFERTY & MCKEEVER Suite 500, The Bourse Bldg 111 S. Independence Mall East Philadelphia, PA 19106 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cum the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY {30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER 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 SAI,F~ - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CITIFINANCIAL SERVICES INC. Address: 7467 New Ridge Road Suite 222 Hanover, MD 21076 Phone Number: 800-446-7876 x5384 Fax Number: 410-689-1610 Contact Person: Stephanie Garland EFFECT OF SHERIFF'S SAI,E - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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 satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. BEHALF. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Stephanie Gaxland Phone Number: 800-446-7876 x5384 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES _CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA 1NC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, pA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 C) SHERIFF'S RETURN - REGULAR CASE NO: 2002-05233 P COMMONWEALTH OF PENNSYLVAiglA: COUNTY OF CUMBERLAiqD CITICORP TRUST BANK ET AL VS BIGGS WENDELL C DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BIGGS WENDELL C the DEFENDAi~T , at 1650:00 HOURS, at 222 E MAIN STREET SHIREMA_NSTOWN, PA 17011 WENDELL C BRIGGS on the 15th day of November , 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.91 Affidavit .00 Surcharge 10.00 .00 54.91 Sworn and Subscribed to before me this 2~x_ day of 7~,~ ~_~ A.D. w ! Prothonotary ' So Answers: R. Thomas Kline 11/18/2002 GOLDBECK MCCAFFERTY MCKEEVER Deputy Sheriff