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HomeMy WebLinkAbout02-5670#ll410-SF MARTHA E. VON ROSENSTIEL, Martha E. Von Rosenstiel 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney ID # 52634 Manufacturers & Traders Trust Company, Trustee for Securitization Series 1999-2, Agreement dated 3/1/99 One M & T Plaza Buffalo, NY 14203-2399 Plaintiff vs. Lori A. Lurid and Joseph M. 1200 Mallard Road Camp Hill, PA 17011 Defendant (s) Lund Attorney for Plaintiff : COURT OF COMMON PLEAS : Cumberland COUNTY : Case No: p~-- 5~'70 CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con tm abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166-- 800-990-9108 MARTI{A E. VON ROSENSTIEL, Martha E. Von Rosenstiel 16 SOUTH LJ~NSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney ID ~ 52634 Manufacturers & Traders Trust Company, Trustee for Securitization Series 1999-2, Agreement dated 3/1/99 One M & T Plaza Buffalo, NY 14203-2399 Plaintiff VS. Lori A. Lund and Joseph M. 1200 Mallard Road Camp Hill, PA 17011 Lund Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Manufacturers & Traders Trust Company, Trustee for Securitization Series 1999-2, Agreement dated 3/1/99, a corporation organized and existing under state law, with offices for the conduct of business at One M & T Plaza, Buffalo, NY 14203-2399. 2. Defendants, Lori A. Lund and Joseph M. Lund are the mortgagors and real owners of premises 1200 Mallard Road, Camp Hill, PA 17011, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff against defendants, brings this action in mortgage foreclosure mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to ContiMortgage Corporaaion on January 27, 1999, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1518, page 939, secured on premises 1200 Mallard Road, Camp Hill, PA 17011 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned in writing to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from July 1, 2002 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 06/01/02 to 11/21/02 At $32.58 per diem Accrued late charges to 11/21/02 Accrued Escrow deficit to 11/21/02 $108,587.25 $ 5,668.92 $ 209.64 $ 13.57 Corporate Advances Monthly Inspections from 07/01/02 To 11/01/02 at $15.00 per month Attorney's Fee Title Information Certificate Photostats and Postage Notarizations TOTAL 9. Plaintiff sent to defendants, $ 1,076.50 75.00 5,400.00 400.00 45.00 io.oo $121,659.88 mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $121,659.88, plus per diem interest at $32.58 from 11/22/02 to the date of judgment plus monthly inspection costs of $15.00 from 00/00/00 to the date of judgment plus costs thereon. 1 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: Title: Foreclosure Specialist OESCRI 3 ALL THAT CERTAIN plot of ground situate in th,:~ Township of East Permsboro, County of Cumberland and Commonwealth of Pennsylvania, more p:~rtict~,larly bounded and described as follows, to wit: BEGINNING at a point on the West side of Mallard R~Jad, at the corner oi Lot No. 88 as shown on the hereinafter mentioned Plan of Lots; thence along ti~c line of Lot bio. 88, South 79 degrees, 24 minutes West, 120.94 feet to a point on the line of Lot No 90 in said Plan of Lots; thence along ~e line of said Lot No. 90, South 34 degrees, 40 mimttcs t:.ast, !2~.49 feet to a point on the North side of Meadow Drive; thence along the North side of Meado~,> Drive, North 67 degrees, 20 minutes East, 10.27 feet to a point; thence continuing along the North side: of Meadow Drive and along the West side of Mallard Road, on a curve to the left having a radius oI' 75 feet, an arc distance of 102.01 feet to a point; thence continuing along the West side of Mallard Road, North 10 degrees, 36 minutes West, 40 feet to a point at the corner of Lot No. 88 aforesaid, the place ~f bt:ginning. }lAVING thereon erected a dwelling house known as 1200 Mallard Road. Tax Parcel # 18-1304-054 Fairbm~ks Capital Corp. POBox 551170 Jacksonville, FL 32255 Address Servlce Requested 6 cc013 FCB091202 September 12, 2002 6 cc013 FCB091202 LORI LUND JOSEPH LUND 1200 MALLARD RD CAMP IIILL PA 17011-1221 RE: Loan No. 2082959251 FROM: Fairbm~ks Capital Corp HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 1F 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 SFAY OF FORECLOSURE - Under the Act, you are cntilled to a temporary stay o£ foreclosure on your mortgage for thirty (30) days l}om the date of this notice, During that thne you must arrange and atiend a "face-to-face" meeting wilh a representative of this lender, or with one of the consumer credit counseling agencies listed at the end of this notice. THiS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet wilh one of the consumer credit counseling agencies listed at thc 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 desi~atad consumer credit counseling agencies for thc country in which lhe property is located are set lbrth at the end of this notice. It is only necessary to schedule one lice-to-face meeting. Advise your lender immediately of your intenlions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in dcib. ult lbr the reasons set lbrth later in this notice. (Sec lbllowing pages lbr 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 lo 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 designeted consumer credit counseling agencies listed at the end of this notice, Only consumer credit counseling agencies have applications f}om the Homeowner's Emergency Mortgage Assistance Pro.am. They will assist you in submitling a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your ['ace-to-Pace meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO .NOT FOLLOW TIlE OTHER TIME PERIODS SET FORTII IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR IIOME 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 your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirement s set forth above You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your applicalinn. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF 'l]flS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) '2082959251CC013' 6 CC013 PCB091202 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT- Thc Mortgage debt held by the above lender on your properly Iocaled at: 1200 MALLARD ROAD CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT becanse: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and lhe follo'Mng mnounts are now past due: Total Payments Due: $3,663 57 Late Charges: $104.82 Recoverable Borrower Fees: Sl,032 60 Escrow Advances: $000 Other Fees: $15.00 Less 3anount Suspended: $0.00 Tctal A~llount of Dellnqueney: $4,82584 HOW TO CURE THE DEFAULT - You may cure the default within th rty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, AS NOTED ABOVE, TOGETHER WITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash~ cashier's check~ certified check or money order made payable and sent to: The Loan Servicing Center Remittance processing P.O. Box 79157 Phoenix AZ 85062 IF YOU DO NOT CURE THE DEFAULT - If you do NOT cure the default with in 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 not lose the chance to pay the mortgage in monthly installments. If flail payment of the total amount past due is not made wilin n THIRTY (30) DAYS, the lender also intends to instrucl its attorneys to start legal action to foreclose upon your mortgaged i~rolaerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged proper~ will be sold by the Sheriffto pay affthe mortgage debt. If the lender refers your case to ils atlorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable att ornev'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 amounl you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY peHod~ you will not be requ red to pay aflorney* s fees. OTHER LENDER REMEDIES - The lender may also sue you persona ly for the unpaid balance and ail other sums due under the note. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within t he THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the rig[It to cure the default and prevent the sale at any time up to one hour before the Sheriffs sale, You may do so by paying the total amount then past due, plus anv late or other charges then due, reasonable attorney's fees and cost connected wi th the foreclosure sale and any other cos'is connected with the Sheriffs sale as specified in writing by the lender and by per fainting any other requirements under the mortgage, Curing your default in the matter 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 six (6) month~ after the date of this notice. A notice oflhe 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 th~ anger You wait. You may find oul at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: NAME OF LENDER: Fairbanks Capital Corp. ADDRESS: P.O. Box 65250 SALT LAKE CITY UT 84165-0250 PHONE NUMBER: 1-800-635-9698 FAX NUMBER: (801 ) 293 -2600 CONTACT PERSON: Rebecca Randell EFFECT OF SHERIFF'S SALE - 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 a~er the Sheriffs Sale, a lawsud to remove you and your furnishings and olher belongings could be started by the lender at tins thne. ASSUMPTION OF MORTGAGE - You may (with lender's written consent) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the out stvmding payments, charges and aRomey's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. SHERIFF'S RETURN - REGULAR CASE NO: 2002-05670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS LUND LORI A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUND LORI A the DEFENDANT , at 0018:29 HOURS, on the 2nd day of December , 2002 at 1200 MALLARD ROAD CAMP HILL, PA 17011 by handing to JOSEPH LUND (HUSBAND) a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~?~ day of ~~ ~ A.D. ! ~rothonotary J So Answers: 12/03/2002 MARTHA VON ROSENSTIEL By: ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-05670 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS& TRADERS TRUST VS LUND LORI A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LUND JOSEPH Mthe DEFENDANT , at 0018:29 HOURS, on the 2nd day of December , 2002 at 1200 MALLARD ROAD CAMP HILL, PA 17011 by handing to JOSEPH LUND a true and attested copy of COMPLAINT - MORT FORE NOTICE 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 ~ day of A.D. Prot hYnot A~ry ' So Answers: R. Thomas Kline 12/03/2002 MARTHA VON ROSENSTIEL By: ,~ ~ /'