HomeMy WebLinkAbout00-03025
URT OF COMMON PLEAS CUMBERLAND COUNTY
CIVIL ACTION - LAW
RICHARD F. STERN; ESQUIRE
STERN and STERCHO
410 Benjamin Fox. Pavilion
Jenkintown, PA 19046
(215) 572-8111
1.0. #03315
BCC INVESTORS L.L.C., by its servicing
agent, PALADIN ASSET MANAGEMENT, L.P. :
1301 Avenue of the Americas, 42" Floor C-.-
New York, NY 10022 NO. 66 - .30;ZS G~ ~l L~
VS.
ROSE ANN FLAHERTY
6406 Lexington Drive
Mechanicsburg, PA
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CIVIL ACTION - MORTGAGE FORECLOSURE
This is an attempt to collect
NOTICE a debt and any information
obtained will be used for that purpose
You have been sued in Court. If you wish to defend the claims set
forth in the following pages, you must take action within twenty
(20) days after this Civil Action and notice are served, by entering
a written appearance personally or by attorney and ftjing in writing
with the Court your defense 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 Civil
Action or for any other claim or relief requested by the plaintiff.
You may lose money or property of other rights important to you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE.
IF YOU DO NOT HA VB A LAWYER, OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
1-717-249-3166
1-800-990-9108
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
CIVIL ACTION - LAW
RICHARD F. STERN, ESQUIRE
STERN and STERCHO
410 Benjamin Fox Pavilion
Jenkintown, PA 19046
(215) 572-8111
I.D. #03315
BeC INVESTORS L.L.C., by its servicing
agent, PALADIN ASSET MANAGEMENT, L.P. :
1301 Avenue of the Americas, 4200 Floor
New York, NY 10022 NO. ov. 3025" c..;;J -r~
VS.
ROSE ANN FLAHERTY
6406 Lexington Drive
Mechanicsburg, PA
CIVIL ACTION - MORTGAGE FORECLOSURE
1. Plaintiff is BCC INVESTORS L.L.C., by its servicing agent, PALADIN ASSET
MANAGEMENT, L.P., a corporation with registered offices located at 1301 Avenue of the
Americas, 4200 Floor, New York, NY 10019.
2. Defendant, Rose Ann Flaherty, is an individual residing at 6406 Lexington Dr. ,
Mechanicsburg, PA.
3. On December 20, 1988, Nouveaux Associates, a Pennsylvania General
Partnership, made, executed and delivered a Promissory Note, inter alia, to Chrysler First
Business Credit Corporation (hereinafter "Chrysler") for a loan in the amount of $500,000.00.
4. Defendant, and her husband, who is now deceased, executed a Continuing
Guaranty of said loan dated December 20, 1988, a true and correct copy of which is attached
hereto as Exhibit "A".
5. Said Promissory Note and Guaranty accompanies a Mortgage on premises 6406
Lexington Drive, Mechanicsburg, PA dated December 20, 1988 and recorded on or about
December 26, 1988 in the Office for the Recording of Deeds in and for Cumberland County,
Mortgage Book No. 926, page 1099.
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6. Defendant is the real owner of said property. A copy of the legal description is
attached as Exhibit "B".
7. Chrysler entered judgment on August 9, 1995 against Nouveaux Associates in
the Court of Common Pleas of York County No. 95-00196601 in the amount of $537,094.47.
Thereafter, Chrysler exposed premises 895 Old Trail Road, Etters PA owned by Nouveaux
Associates to Sheriff's Sale and purchased the property at said sale.
8. Thereafter, Chrysler obtained an Order fixing the fair market value of 895 Old
Trail Road, Etters, PA at $225,000.00. Attached hereto as Exhibit "C" and made part hereof, is
a true and correct copy of said Order.
9. The Mortgage and Note were assigned to BCC Investors, L.L. C. by assignment
recorded Apri117, 2000 in Book 642, page 594.
10. The said loan is in default as a result of the failure to pay the entire sum due
of principal and interest as set forth below:
JUDGMENT IN THE AMOUNT OF $537,094.47
LESS FAIR MARKET VALUE (COURT ORDER ATTACHED) -225,000.00
LESS SE'ITLEMENT WITH DEFENDANT O.W. KELSEY, JR. - 40,800.00
INTEREST (at 6% per annum)
65,110.67
COSTS
7,495.65
41.243.98
UNPAID MUNICIPAL LIENS EXCLUDING 1995 TAXES
TOTAL:
$385,144.77
11. In accordance with Section 403 of Act No.6 of 1974, no thirty days notice
of intention to foreclose is required because the loan is in excess of $50,000.00.
12. In accordance with Act 91 of 1983, notice was sent to defendants and no
response was made in the appropriate period of time. A copy of said notice is attached hereto as
Exhibit "D".
13. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. ~1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
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. do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain
and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed
to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for
Plaintiff will send Defendant(s) the name and address of the original creditor if different from
above.
WHEREFORE, plaintiff demands judgment against Defendant Rose Ann Flaherty
in the sum of $385,144.77.
STERN AND STERCHO
BY, if!!J4'/-"
CHARD F. STERN
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VERIFICATION
JAB C. CARPENTER is an officer of Paladin Asset Management, L.P., servicing
agent for BCC INVESTORS L.L.C. and is authorized to sign this Verification on behalf of same, and
states that he verifies the foregoing Civil Action - Mortgage Foreclosure against Rose Ann Flaherty
and avers the statements offact therein contained are made subject to the penalties of 18 Pa. C.S. ~
4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's
personal knowledge or information and belief.
DATE: 5 - 0/-00
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BORROWER:
Nouveaux Associates, a Pennsylvania General
partnership
5115 East Trindle Road
Hechanicsburg, PA17055
Hichael D. Flaherty ana Rose Ann Flaherty,
his wife .
6406 Lexington Drive
Hechanicsburg, PA 17055
GUARANTORS: '
CO!lTIlWING GUARANTY
TO: CHRYSLER FIRST BUSINESS CREDIT CORPORATION
(1) For valuable consideration, and intending to be
legally bound, the undersigned (hereinafter called "Guarantor",
whether there be one or more) unconditionally guarantees and
promises to pay to Chrysler First Business Credit Corporation
(hereinafter called "Lender"); on order, or demand, in lawful
money of the united states, the monies due under 'the Promissory
Note of Borrower of even date herewith and any and all
indebtedness of Nouveaux Associates, a PennsylvanLa General
Partnership, jointly and severally, (hereinafter called
"Borrower"), to Lender. The word "indebtedness" ls used herein
in its most'comprehensive sense and includes any and all
advances, qebts, obligations and liabilities of Borrower~
heretofore, now or hereafter made, incurred or created, whether
voluntary or involuntary and however arising, whether direct or
acquired by Lender by assignment or succession, whether due or
not due, absolute or contingent, liquidated or unliquidated,
determined or undetermined, and whether ,recovery upon such
indebtedness may be or hereafter becomes otherwise unenforceable.
(2) This is a continuing guaranty relating to any
indebtedness~ including that arising under sl1cces~;ive
transactions which shall either continue the indebtedness or from
time to time renew it after it. has been satisfied.
(3) The obligation,s hereunder are joint and several
and are independent of the obligations of Borrower, and a
separate action maybe brought and prosecuted against any or all
Guarantors whether action is brought against Borrower or any
other Guarantors or whether Borrower is joined in any such action
or actions.
(4) Guarantor authorizes Lender, without notice or
demand and without affecting its liability hereunder, from time
to time to (a) renew, compromIse, extend, accelerate or
otherwise change the time for payment .of, or otherwise change the
terms of the indebtedness or any part thereof, including increase
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PLAINTIFF'S
EXHIBIT
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or decrease of the rate of interest thereon; (b) take and hold
security for the payment of this guaranty or the indebtedness
guaranteed, and exchange, enforce, waive or release any such
security; (c) apply such security and direct the order or manner
of sale thereof, as Lender in its discretion may determine; and
(d) release or substitute any of the ,endorsers, sureties, or
guarantors. . Lender may, without notice, assign this guaranty in
whole or in part. '
(5) GUAlUU!ITOR WAXVES AllY RXGHT TO REQU:[RE LENDER TO
(a) PROCEED AGAXNST. BORROWER: (b) PROCEED AGAXNST OR EXllAUST
ANY SECURITY HELD FROKBORROWER: OR (e) PURSUE ANY OTHER REMEDY
XN LENDER'S POWER WHATSOEVER. 'GUAlUU!ITOR WAXVES ANY DEFENSE
ARXSXNG BY REASON OF AllY DXSABXLXTY OR OTHER DEFENSE OF BORROWER
OR BY REASON OF'THE CESSATXON FROK ANY CAUSE WHATSOEVER OF THE
LXABXLITY OF BORROWER. UNTXL ALL XNDEBTEDNESS OF BORROWER TO
LENDERSIlALL HAVE BEEN. PAXD Dl' FULL, GUAlUU!ITOR SBl\LL HAVE NO
RIGHT OF SUBROGATIOH AND WAXVES AllY UGHT TO ENFORCE ANY REHEt>Y
WHICH LEHllER NOW lmS OR. HAY HEREAFTBR . HAVE AGAXNST BORROWER, AND
WAIVES ANY BBNEFXT OF, AND AllY RIGHT TO PARTICXPA~rE XH, AllY
SECUR:tTY NOW OR HEREAFTER HELD BY LENDER. GlJARANTOR WAXVES ALL
PRESEBTJIBNT, DEHUDS FORPERFORHAHCE, NOTICE OF NON-PBRFORHAHCE,
PROTESTS, AND HOTICBS OF PROTBST, OR OF EXISTENCE, CREATXON OR
INCUlUUHGOF HEW OR ADDITXOHAL XNDBBTBDNEaS. THIll GlJARANTY AND
ALL RIGHTS, OBLIGATXOHS AND LXABILXTIBS ARISXNG H]~REUNDBR SHALL
BE COHSTRUJ;!O ACCORDXHG TO THE .LAWS OF THB COHHONWUALTH OF
PENlilSYLVA1UA.
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(6) .This agreement shall be continuing and shall not
be discharged, impaired or affected by, (a) the power of authority
or lack thereof of Borrower to incur the indebtedness; (b) the
validity or invalidity of the documents'evidencin9 the
indebtedness; (c) any defenses whatsoever that Borrower might
have to the payment of the indebtedness or to the performance of
the other obligations described in the documents E!Videncing the
indebtedness; (d) the existence or non-existence of Borrower as a
legal entity; (e) the transfer by Borrower of all or any part of
the property described in the documents evidencing the
indebtedness; or (f) any right of offset, counterclaim or defense
(other than payment in full of ,the indebtedness and the
performance of all of the obligations in accordance with the
terms of the documents evidencing the indebtedness) that
Guarantor might have to its respective undertakings, liabilities
and obligations hereunder, each and every such defense being
hereby waived by Guarantor.
(7) Any indebtedness of Borrower now or hereafter held
by Guarantor is hereby subordinated to the indebtedness of
Borrower to Lender; and such indebtedness of Borrower to
Guarantor, if Lender so requests, shall be collected', enforced,
and received by Guarantor as trustee for Lender and be paid over
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to Lender on account of the indebtedness of Borrower to Lender
but without reducing or affecting in any manner the liability of
Guarantor under the other provisions of this guaranty.
(8) Guarantor'agrees to pay reasonable attorney's
fees, court costs and all other. costs_and expenses which may be
incurred by Lender in the enforcement of this guaranty.
(9) As Borrower is a business entity, then the
Guarantor agrees it is not necessary for Lender to inquire into
the powers of Borrower or the partners or agents acting or
purporting to act on its behalf, and any indebtedness made or
created in reliance upon the professed exercise of such powers
shall be guaranteed hereunder~
(10) GUARAIlTOR HEREBY IRREVOCABLY AUTHORIZES THE
PROTHONOTARY, CLERK OF COURT OR ANY ATTOllNEY OF Aln' COURT OF
RECORD nTJIIN THE 1Jl[[TED STATES OR ELSEWHERE TO APPEAR FOR
GU~OR 11.'1' ANY TIHEMTD CONl!'ESS JUDGHEllT l\.GAINS't GUARANTOR. IN
FAVOR OF LENDER OF TBB HOLDER OF. THIS NOTE, FOR TIlE FAC~ AMOUNT
OF THE SUDNOTE, AND ANY AND ALL OTHER INDEBTEDNl~SS, INCLUDUJG
INTEREST AT THE AGREED RATE, 1lND PREPADERTPREMI1JH IF ANY, PLUS
COSTS OF SUIT AND FJ:~EN PERCENT (15%) ATTOllllEY FEES FOR
COLLECTION, OIi""AS DETERMINED BY THE COURT. STAY OF EXECUTION,
INQUISITIOI! .11ND EXTENSION UPON ANY LEVY ON REAL EHTATE ARB HEREBY
WAIVED UlD CONDEIDl'ATION AGREED TO, AND ANY EXEMPTION TlIl\.T SHALL
BE CLAIHEDUNDER OF BY VIRTUE OF ANY EXEHPTIONLAll' NOW IN FORCE
OR WHICH BY HER.EUTER BB ENACTED IS ALSO WAIVED. NO SINGLE
EXERCISE OF ANY 1fARRANT AND POWER TO CONl!'ESS JUDG!lENT AS PROVIDED
HEREIN SHALL BE DEEMED TO EXHAUST THE POWER, WlIETIIER OR NOT ANY
SUCH EXERCISE SHALL BB JlELD BY ANY COURT TO BE INVALID, VOIDABLE
OR VOID, BUT THE POWER SHALL CONTIImE UNDIMINISHED AND HAY BE
EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER OF THIS NOTE
HAY ELECT tmTIL ALLSUHS .PAYABLE BY GUAlUINTOR HAVE Bt::EN PAID IN
FULL. JUDGEMENT HAY BE .CONl!'ESSED nOM TIME TO TUlE AS 'OFTEN AS
ANY SUM HAY BE DUE HEREUNDER. : FAILURE BY THE HOLDERTBBREOF TO
DECLARE A DEFAULT SHALL NOT CONSTITUTE WAIVER OF :!\NY SUBSEQUENT
DEFAULT.
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(11) This guaranty. shall also be of benefit to all
transferees and assignees of Lender'of any part or all of the
indebtedness hereby guaranteed and of any security thereof.
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IN WITNESS WHEREOF, the undersigned has duly executed,
sealed and delivered this guaranty this 20th day of December,
1988.
Witness'
BY: ~_' /./..0.. :::;J?;,-5lf2.' (SEAL 1
Michael D. Fla~ y .
BY: L. .4........... tlc.....LA../t;: (SEAL)
/Rose Ann Flaherty
. t is OOJ:l'Jhy assiq"p-d to S"lr:t1:d t',
rt"\,l-C: 'I..C tTilP'l?'" ... ... . . . t..,:)
, . 1 Bank as tru!" .,e u.,(1,", ..
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January 29, L992
Chrysler f'i,l'l't Rll!' \ !less
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LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in Hampden Township, Cumberland County, Pennsylvania,
bounded and described as follows, to wit: ,
BEGINNING at a point in the Northern line of Lexington Drive (50 feet wide), said point is in the
division line between Lots Nos. 36 and 37 on the hereinafter mentioned plan of lots; thence extending
along the northern line of Lexington Drive, North 71 degrees 05 minutes East, 100 feet to a point in the
division line between Lots Nos. 35 and 36 on said plan; thence extending along the division line between
Lots Nos. 35 and 36, North 18 degrees 55 minutes West, 201.80 feet to a point in the division line
between Lots 36 and 43 on said plan; thence extending along the line dividing Lots 36 and 43 on said plan
South 50 degrees 15 minutes West 24.82 feet to a point; thence extending along the line dividing Lots 36
and 42, South 61 degrees 44 minutes 20 seconds West 77.83 feet to a point in the division line between
Lots Nos. 36 and 37 on said Plan, aforementioned; thence extending along the division line between Lots
Nos: 36 and 37, South 18 degrees 55 minutes East, 180.33 feet to a point in the Northern line of
Lexington Drive, aforementioned, at the point and place of beginning.
BEING Lot No. 36, Plan 2 Bunker Hills, which said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book 22, page 65.
HAVING THEREON ERECTED a brick and aluminum ranch type dwelling known as 6406 Lexington
Drive (formerly kno~ as 5 Lexington Drive).
UNDER AND SUBJECT, NEVERTHELESS, to restrictions as recorded in prior instruments of record.
TITLE to said premises is vested in Michael D. Flaherty and Rose Ann Flaherty, his wife, by Deed from
John H. Martz and Susan C. Martz, his wife, dated 6/28/79 and recorded 6/28/79 in Cumberland County
Deed Book M-28 page 852.
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AND ])1!C'R~"U. IIiIt die fidt IIIlIrIIet vii.. fiIr ,.. ~ t n fII....~ lulIp.-t Act of
19M, lIpCllI CCIlIIideradon
~ 895 Old TmiI RollI, ~'.r TowaIhip, BIIaa, PA lie fixed at $225,000.00.
BY THE COURT:
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ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM
FORECLOSURE
The Commonwealth of Pennsylvania's Homeowner's Emergency
Mortgage Assistance Program may be able to help you. Read the
following notice to find out how the program works.
If you need more information, call the Pennsylvania Housing
Finance Agency at 1-(800)-342-2397.
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 notificacion obtenga una traduccion
immectiatarnente llamancla esta agencia (J?ennsy1vania Housing
Finance Agency) sin cargos al numero mencionado arriba. Puedes
ser e1egible para urn prestarno por el programa Ilamado
"Homeowner's Emergency Mortgage Assistance Program" e1 cual,
puede salvar su casa de 1a perdida del derecho a redimir su
hipoteca. -
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM
PLEASE READ TInS NOTICE
YOU MAY BE ELIGmLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
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DATE:
February 26, 1996
RE:
VS:
CHRYSLER FIRST BUSINESS CREDIT CORPORATION
SUZANNE HAINES ET AL
'.
TO:
Suzanne Haines, 4000 Old Gettysburg Rd., Camp Hill, PA 17011
Estate of Michael Flaherty, 6406 Lexington Dr., Mechanicsburg, PA
O.W. Kelsey, Ir., 4820 E. Trindle Rd., Mechanicsburg, PA
Rose Ann Flaherty, 6406 Lexington Dr., Mechanicsburg, PA
N. Lou Haines, 313 Iessimine St., New Smyrna Bch, FL
Janet P. Kelsey, 4820 E. Trindle Rd., Mechanicsburg, PA
FROM:
STERN AND STERCHO
410 .Benjamin Fox Pavilion
Jenkintown, PA 19046
You may be eligible for financial assistance that will prevent foreclosure on your
mortgage if you.comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance
if your default has been caused by circumstances beyond your control, you have a reasonable
prospect of resuming your mortgage payments and if you meet other eligibility requirements
established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It
contains an explanation of your rights.
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-tocface" meeting with a representative of this lender, or with a designated consumer credit
counseling agency. The pUIpose of this meeting is to attempt to work out a repayment plan, or
to otherwise settle your delinquency. This meeting must occur in the next (30) days.
If you attend a face-to-face meeting with this lender, or with a consunier credit
counseling agency identified in this notice, no further proceeding in mortgage foreclosure may
take place for thirty. (30) days after the date of this meeting. The name, address and telephone
number of our representative is:
Richard F. Stem, Esq.
410 Benjamin Fox Pavilion
Jenkintown, PA 19046
215-572-8111
The names and addresses of designated consumer credit counseling agencies are shown
on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should
advise this lender immediately of your intentions.-
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. Your mortgage is in. default because you have failed to pay the entire sum due of
principal and interest as required for a period of at least sixty (60) days. The total amount of
the delinquency is $366.234.10. That sum includes the following: Judgment in the amount of .
$537,094.47; interest of $5,400.00; costs of $7,495.65; unpaid municipal liens excluding 1995
taxes of $41,243.98 less the fair market value of the premises of $225,000.00.
. If you have tried and are unable to resolve this problem at or after your face-to-face
meeting, you have the'right to apply for financial assistance from the Homeowners' Emergency
Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed
Homeowners' Emergency Assistance Application with one of the designated consumer credit
counseling agencies listed on the attachment. An application for assistance may only be obtained
from a consumer credit counseling agency. The consumer credit counseling. will assist you in
filling out your application and will submit your completed application to the Pennsylvania
Housing Finance Agency . Your application must be flled or postmarked within thirty (30) days
of your face-to-face meeting. . .
It is extremely imponant that you file your application promptly. If you do not do so,
or if you do not follow the other time periods set forth in this letter, foreclosure may proceed
against your home immediately.
Available.funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act.
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It is extremely import that your application is accurate and complete in every respect.
The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that additional time, no foreclosure proceedings will be
pursued against you if you have met the time requirements setJorth above. You will be notified
directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post
Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-
342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397.
In addition you may receive another notice from this lender under Act 6 of 1974. That
notice is called a "Notice of Intention to Foreclosure" . You must read both notices since they
both explain rights that you now have under Pennsylvania law. However, if you choose to
exercise your rights described in this notice, you cannot be foreclosed upon while you are
receiving that assistance.
Very truly yours,
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Rf'&Ab F. STERN
RFS/hc
Enclosures
cc: John J. Connelly, Jr.
Robert E. Chemicoff, Esq.
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529 carlisle Street
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116 N. George Street
York; PA 17401
717-854-1541
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03025 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BBC INVESTORS LLC ET AL
VS
FLAHERTY ROSE ANN
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
FLAHERTY ROSE ANN
the
DEFENDANT
, at 0019:55 HOURS, on the 1st day of June
2000
at 6406 LEXINGTON DRIVE
MECHANICSBURG, PA 17055
by handing to
ROSEANN FLAHERTY
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So Answers:
~~re~~<~1
R. Thomas Kline
06/02/2000
STERN & STERCHO
Sworn and Subscribed to before By:
me this 1 ~ day of
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othonotary
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BCC INVESTORS, INC., by its servicing agent
PALADIN ASSET MANAGEMENT, L.P.,
Plaintiff
NO. 00-3025 Civil Term
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ROSE ANN FLAHERTY,
Defendant
DEFENDANT'S ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. Defendant is without sufficient information to determine the truth of said
averment, and therefore, said averment is denied. Strict proof is demanded.
10. Admitted in part and denied in part. Defendant is without sufficient information
to determine the truth of Plaintiff s averment regarding the amount of settlement with Defendant
O.W. Kelsey, Jr., and therefore, that portion of the averment is denied. Defendant specifically
denies the claim for municipal liens and taxes as it is overstated. As for the remaining averments
regarding the amounts due and owing, they are admitted.
11. Denied. The averment in Paragraph 11 of Plaintiff's Complaint constitutes a
conclusion of law to which no response is required. To the extent a response is required, it
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specifically denied.
12. Denied. Defendant specifically denies receiving the Notice attached as Exhibit
"D" to Plaintiff's Complaint and said Exhibit fails to include proof that the Notice was actually
mailed by Plaintiff or counsel for Plaintiff.
13. Admitted.
WHEREFORE, Defendant Rose Ann Flaherty demands judgment in her favor and
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against Plaintiff.
Respectfully submitted:
Dated:~
onnelIy LLP
By:
S 0 A. Dletterick, Esquire
Atty. I.D.# 55650
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
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VERIFICATION
I, Rose Aun Flaherty, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Answer to
Complaint in Mortgage Foreclosure are true and correct to the best of my information,
knowledge and belief.
bL1~
Rose Aun Flaherty
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
BCC INVESTORS, INC., by its servicing agent
PALADIN ASSET MANAGEMENT, L.P.,
Plaintiff
NO. 00-3025 Civil Term
vs.
CERTIFICATE OF SERVICE
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ROSE ANN FLAHERTY,
Defendant
Richard F. Stem, Esquire
Stem and Stercho
410 Benjamin Fox Pavilion
Jenkintown, P A 19046
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The undersigned hereby certifies that a true and correct copy of the foregoing
Defendant's AnSF~ Complaint in Mortgage Foreclosure was served on the following this
-..s:At day of ,2000, via First Class U. S. Mail, Postage Pre-paid:
& CONNELLY LLP
BY
Sco A. 1 nck, Esquire
PA LD. #55650
P.O. Box 650
Hershey,PA 17033
(717) 533-3280