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Home My WebLink About97-00098 \ ~ ~ ~ c5 \l ...... q; ~ ~ c:l ~ ~ tJ CL f ~ - . :> - CJ . u.. ) ~ ,/ I t'-- C!-. . <:). ~; l' -t -:e ~ -V~ ~ () a () ci lC) a \[) \ - . W. .e ~\!) !;- ~ .tit- -,:\ '+I ~ d.- ' .' l. .. ; t. \ ~~ \ ... . .~~~ . ~. %~ :l ~ll .. ~\ . \ ~~\ t .~ '0 . ';\ ~ L ~ \ ~l ~. . fy ~. ~~ . ~\ \\ ~ \~ \\ - ~.. .~ ':..-' -' . - .' .' - ..': ;:.:' ;~.- '-~;'. :.' '. - ",. : _.-__.":'''''~:;-'";: . . , . ' '.' . .'~ : '~"'.'''O-_ll..~'4,,''''''~L' ''C"....,,-(O,,~,.oJ1)1'f~..,.w HilER I VV' H IlETIJRN - REGUI.AR CAHE NOI I'J'J'/-lIlllllll'3H P ClJlIlIllNWEAI.TIl OV P~:NNSYI.V ^N IA I ClJlJNTY OV ClJIIH~:RI.^NO f'LE~:T IIlJRTllAm: CIJIIPIJRATION VS. IIIJIJ.N_ ~OSf:PJj_HR__E..'LA4__ . . J<Kt~T IN_P--,. _11.F.!lT4_________ , Sheriff or Deputy Sheriff of being duly svorn according 1I0RT FORF. vas served CUll BERLAND County, Pennsylvania, vho to lav, says, the vithin COIIPLAINT - upon -11Qll!L4.QSFJ'.H.S!L _ __ defendant, at 1642:00 HOURS, on the 21st day of January 199'[ at __Z?';3 V A.1!,F.'LS_t!!J.f,I, E!{QL-^'Ll'.Ll?0'~~__d__ .._. ___._ County, Pennsylvania, by handing to JO~EPH u true and attested copy of the COIIP~~INT the . CUll BERLAND 1I01-1H..__S.R. .__ - 1I0RT FORE.. together vi th !lQn9~.__.. and at the same time directing ~is attention to the contents thereof. Sh~rift'a Coats: Dock~ting S~rvice Affidavit Surcharge So unavers.;r, (" r%--~ 18.00 9.'32 .00 2.00 $29.92 PURCELL, KRUG & HALLER 01/22/1997 by J: (",Ll J) IJJ.-.~ Deputy 5her ff Svorn und subscribed to before me this )'I.:!--_ day of qJl,.~~.d 19 __ 'l]_ A. D. Ci (~ /'11.<. ,', . C.." - - -- 'lj."I~'tt'hr)iio~Vr~ Id:-P> . ! r '.. [, -' --' FLEET MORTGAGE CORP., FORMERLY KNOWN AS FLEET REAL ESTATE FUNDING CORP., I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. q'l- q if Cl:c.,,~ T"-f1 fY) JOSEPH MOHN, SR. and MARLENE A. MOHN, Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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. CUMBERLAND COUNTY Court Administrator, Cumbe~land County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 f r I:' , FLEET MORTGAGE CORP., FORMERLY KNOWN AS FLEET REAL ESTATE FUNDING CORP., IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA I , Plaintiff VS. NO. JOSEPH MOHN, SR. and MARLENE A. MOHN, Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff FLEET MORTGAGE CORP., FORMERLY KNOWN AS FLEET REAL ESTATE FUNDING CORP. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. q1- Q'8 l'...'-'.J.! T(:;,rl JOSEPH MOHN, SR. and MARLENE A. MOHN, Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, FLEET MORTGAGE CORP., FORMERLY KNOWN AS FLEET REAL ESTATE FUNDING CORP., is a Rhode Island corporation with a place of business at P.O. Box 1169, Milwaukee, WI 53201-1169. 2. Defendants, JOSEPPH MOHN, SR. and MARLENE A. MOHN, are adult individuals whose last known address is 6412 Cannon Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about September 26, 1994, the said Defendants executed and delivered a Mortgage Note in the sum of $104,400.00 payable to PNC MORTGAGE CORP, OF AMERICA. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1234, Pg. 540, conveying to original Mortgagee the subject premises. The mortgage was assigned to FLEET REAL ESTATE FUNDING CORP. and recorded as aforesaid in Book 493, page 587 on April 3, 1995. Fleet Real Estate Funding Corp. is now known as Fleet Mortgage Corp. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 6412 Cannon Drive, Mechanicsburg, Pennsylvania 17055 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 1996 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $25.16 per day from 1/1/96 to 1/16/97 (based on contract rate of 8.875%) $103,475.19 9,309.20 (c) Late Charges at $41.53 per month for 12 months 498.36 (d) Escrow deficit/credit 1,145.11 (e) 5% Attorney's Commission 5.173.76 TOTAL $119,601.62* *Together with interest at the per diem rate noted in (b) above after January 16, 1997 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "B". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of the 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.875% ($25,16 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and fer foreclosure and sale of the property within described. By ~U CELL, )KRUG & HALLER /~m -r ! Leon P. a er Attorney for Plaintiff I. D. #15700 1719 N. Front Street Harrisburg, Pa, 17102 (717) 234-4178 " First American Title Insurance Company ! ~ CommItment No. 495544 SCHEDULE C All TIIAT CERTAIN tri1ct or parcel of hnd and premi,es, situate, lyinq and beinq in the Township of lIampden, in the County of Cumberl.lnd, and Comlllonl/e41th of I'cnn~yivania, moro pllrticulllrly de~cribed 1I~ follol/3: BEGINNING at II point in the ellDtern line of Scenery Drive ISO feet wide), which said point is in the divi,ion line between Lot' Nos. 17 and 18 on the hereinllfter mentioned Plan of Lots; thence i1lon'1 the division line between Lot~ Nos. 17 IInd 18, North 74 degrees 23 minutes 26 seconds Ei1st, II distance of 138.41 feet to 01 point in the western line of Lot No. 16 on SOlid Plan; thence 1I10nq the diviDion line between Lot~ No::. 17 IInd 16, South 23 degrees 00 minutcs Ea,t. a distance of l12.2J fcet to a point in the northern linc of Cannon Drivc; thencp. alonq the northern line of ClInnon Drive; South 67 dcqrces aD minutes Wcst, II di,tllnce of 17.87 feet to a point marked by a monumcnt: thence continuin'1 i110nq the northern line of Cannon Drive, in a westwardly direction, by thc arc of a circle eurinq to the right. said circle havinq 01 radiu! of 150 feet, the IIrc distance of 58.47 feet to a point marked by a monument; thence still by the same, South 89 deqrees 20 minute, West, a distance of J5.52 feet to a point marked by a monumcnt i1t thc northeast corner of Cannon Drive i1nd Scencry Orive; thcncc i110nq the eastern line of Scenery Drive, Horth 00 degrees 40 minutes West, a distance of 18.72 feet to a point; thence continuinq along the eastern lin~ of Scenery Drive in a northerly direction by the arc of a eir:le curving to the left, said circle having a radius of 350 teet. the arc distance of 91.28 feet to a point in the divi,ion iine betwcen Lots Nos. 17 and 18 aforementioned. at the point and Pl~ce of DECINNING. BEING Lot No. 17, in the Cumberland p,'ge 91. Plan No.1 of Dun~cr lIill" which Plan i, County Recorder', Office in Plan Book 21, I I recorded : at 'II^VINC TilER EON ERECTED a ranch type dw"ll ng house which has tho 'address of 6412 Cannon Drive. Mechanic ,bu,~. PennDylvi1nia. BEING THE SAME PREMISES CONVEYED TO JOSEPH MOHN, SR. AND MARLENE A. MOHN BY DEEO OF CHARLES S. ALEXANDER DATED SEPTEMBER 26, 1994 AND RECORDED WInl THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE HEREWITH. !XHIBIT .B- ~ Fleet Mortgage Group DIVISION 040 ~ 08/23/96 ;:, , HARLENE A MDHN JOSEPH MOHN SR 6412 CANNON DR HECHANICSBURG PA 17055 RE, 0053657589 CONV TAKE NOTICE THAT, I). WE ARE PREPARED TO START FORECLOSURE PROCEEDINGS ON YOUR LOAN. 2). YOUR COVENANT TO PAY YOUR MONTHLY PAYMENTS WHEN DUE UNDER THE TERMS OF YOUR MORTGAGE IDE ED OF TRUST ON THE PROPERTY LOCATED AT 6412 CANNON DR MECHANICSBURG PA 17055 HAS BEEN BREACHED BY YOUR FAILURE TO HAKE SUCH PAYMENTS ON AND AFTER 02/01/96 3), AS OF 08/23/96 THE FOLLOWING AHOUNTS ARE DELINQUENT: PRUlCIPAL 8 INTEREST PAYMENT,$ ESCROW PAYMENT I CREDIT INSURANCE PAYMENT: PRESENT DELINQUENCY LATE CHARGES, ACCUMULATED UNPAID LATE CHARGES: OUTSTANDING FEES TOTAL, CREDITS: TOTAL:$ 5814.55 1229,97 .00 290,71 ,00 8,50 ,00 7343.73 4). IN ORDER TO CURE SUCH BREACH, ALL PAYMENTS DUE ON AND AFTER THE LAST MENTIONED DATE IN THE TOTAL SUM OF $ 8391,62 MUST BE TENDERED. SAID BREACH MUST BE CURED BY SAID TENDER ON OR BE~ORE 09/23/96. FAILURE TO CURE SUCH BREACH ON OR BEFORE THE LAST MENTIONED DATE WILL RES~LT IN ACCELERATION OF THE ENTIRE BALANCE DUE UNDER YOUR NO!E, NOT JUST THE DELINQUENT AMOUNT. THIS COULD AND PROBABLY WOULD RESULT IN FORECLOSURE PROCEEDINGS AND THE SALE OF YOUR PROPERTY. COUNSELOR CODE 106 1-800-254-3677 7.73 FI..I Mortgag. Group 324 W.'I Evan. Slre.l. P,O, 801100537. Floreno., SC 29501.0537 (803)673.3700 A Merroer 01 Fleel Fnanclo1l Group EXH1Bl'T 0. J:Mr;r........r"".. .........'". 5, AITER ACCELERATION OF TilE ENTIRE BAI.ANCE DUE UNDER YOUI{ NOTE YOU WILL HAVE THE RIGIIT TOIU'INSTATE, AND IF A FlIl{ECLOSUI{E PROCEElJING IS BEGUN YOU WILL HAVE '1'111' l(JtillT TO ASSERT IN THE FL1RECLOSURE PlmCEEDING TilE NONEXISTENCE OF A DEFAULT Ol{ ANY OTHER DEFENSE YOU MAY HA VETO ACCELERATION AND FORECLOSURE, 0, YOU HAVE THE RIGIIT TO REINSTATE ArrER ACCELERATION PROVIDED THAT YOU: A) PAY ALL SUMS WHICH WOULD BE THEN DUE UNDER TIlE MORTGAGE, THE NOTE, AND NOTES SECURING FUTURE ADVANCES, IF ANY, IIAD NO ACCELERATION OCCURRED, B) CURE ALL BREACHES OF ANY OTHER COVENANT Ol{ AGREEMENT OF YOURS CONTAINED IN THE MORTGAGE, C) PAY ALL [{EASONABLE EXPENSE INCURRED BY FLEET MOlnGAGE l;ROUP IN ENFORCING THE REMEDIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE A ITORNEY'S FEES, AND D) TAKE SUCH ACTION AS FMG MAY REASONABLY REQUmE TO ASSURE THAT THE LIEN OF THE MORTGAGE, OUR INTEREST IN THE PROPERTY, AND YOUR OBLIGATION TO PAY THE SUMS SECURED BY THE MORTGAGE AND OBLIGATIONS IT SECURES, SHALL REMAIN IN FULL FOlKI' AND EFFECT AS IF NO ACCELERATION HAD OCCURRED, WE REFER YOU TO THE TERMS or YOUR PROMISSORY NOTE AND MORTGAGE, 7. IF YOU HAVE NO DESIRE TO RETAIN YOUR PROPERn', PLEASE CONTACT US ABOUT THE POSSIBILITY OF A DEED,IN-L1EU OF FORECLOSURE, IF YOU WISH TO AVOID FORECLOSURE AND THE LOSS OF YOUR HOME, REMIT THE ENTIRE AMOUNT DUE IN CERTIFIED FUNDS, IF YOU CAN NOT SEND THE FULL AMOUNT, CALL THE UNDERSIGNED, IF YOUR CALL IS LONG DISTANCE, YOU MAY CALL TOLL FREE 1-800-254-3677, I I , I i f I I I , YOUR FAILURE TO RESPOND TO THIS LEITER WILL LEAVE US NO ALTERNATIVE BUT TO PROCEED WITH THE FORECLOSURE, 8, THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 REQUIRES THAT YOU BE ADVISED THAT YOU MAY BE ELlGIIlLE FOR HOMEOWNERSHIP COUNSELING CONCERNING YOUR DELINQUENT LOAN, WE RECOMMEND THAT YOU CONTACT A HUD APPROVED COUNSELING AGENCY OR flEET MORTGAGE GROUP TO DETERMINE WHETHER YOU MAYBE ELlGIIlLE FOR HOMEOWNERSHIP COUNSELING. IN ORDER TO OBTAIN A LIST OF HUD APPROVED COUNSELING AGENCIES IN YOUR AREA, CONTACT HUD AT 1-800,569-4287, IF YOU HAVE A V A LOAN, WE RECOMMEND THAT YOU CONTACT THE NEAREST VA REGIONAL OFFICE TO DISCUSS THE CIRCUMSTANCES or YOUR DELINQUENCY AND TO DETERMINE WHETHER THERE MAYBE ALTERNATIVES A V AILABLE TO YOU, 9, AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORDS MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATION, SINCERELY, I' A YMENT ASSISTANCE DEPARTMENT FLEET MORTGAGE GROUP SCM.20F 121q-l . VERIFICATION I, Annette Hay, as the Assistant Secretary of the servicing agent 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 statement therein are made subject to the penalties of 18 Pa. c.s. 4904 relating to unsworn falsification to authorities. Date: I h/q7 Annette Hay Assistant Secretary