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Home My WebLink About97-03013 ~ o - - .u ~ '" .. '\ ~ . ~ ~ ~ ~ It c:!J - . . :) .~ tv) - o "'l I r:- (S'" c:i '- Martha E. Von Rosenstiel 21 South 12th Street Suite 720 Philadelphia, PA 19107 (215) 569-1058 Attorney 1.0., 52634 Attorney for Plaintiff MELLON BANK, N.A., SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, GMAC MORTGAGE CORPORATION, SERVICER MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 v. KAREN A. STUART 619 BOSLER AVENUE LEMOYNE, PA 17043 . . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . NO. Q1. 301..3 . Ct...'l "'"R1l.1") . . CIVIL ACTION - MORTGAGB FORECLOSURE 1. Plaintiff is Mellon Bank, N.A., as Successor Trustee for the Pennsylvania Housing Finance Agency, GMAC Mortgage Corporation as servicer, a national banking association organized and existing under the laws of the United States of America, with corporate offices at Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106. 2. Defendant, Karen A. Stuart is the mortgagor and real owner of premises 619 Bosler Avenue, Lemoyne, PA 17043, hereinafter described, whose last known address is in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor and real owner to GMAC Mortgage Corporation of PA on May 12, 1992 which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1066 page 871, secured on premises 619 Bosler Avenue, Lemoyne, PA 17043, a true and correct description of which is attached hereto as Exhibit I. 4. On May 12, 1992, GMAC Mortgage Corporation of PA assigned the said mortgage to Corestates Bank, N.A. as Trustee under a certain Agreement of Trust dated April 1, 1982 with the Pennsylvania Housing Finance Agency, by written assignment which is recorded in the Office of the Recorder of Deeds of Cumberland county in Miscellaneous Book 418 page 577. 5. This is an action in foreclosure of that mortgage of the Defendant given to GMAC Mortgage Corporation of PA dated May 12, 1992, in the original principal amount of $63,800.00. Recorded in Mortgage Book 1066 page 871, which mortgage was last assigned to Corestates Bank, N.A., as Trustee for the Pennsylvania Housing Finance Agency, pursuant to an Indenture of Trust dated April 1, 1982. Mellon Bank, N.A. is the Successor Trustee to Corestates Bank, N.A. and consequently has the power and authority to bring this action in mortgage foreclosure. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in default in that the defendants, mortgagors and real owners have failed to make payment of the monthly installments of principal and interest in accordance with the terms of the mortgage, for the month of October, 1996 and each month thereafter, up to and including the present time. 8. 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. 9. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: prinoipa1 Interest from 09/01/96 to 06/01/97 at $ 14.11 p/d Aocrued late charges from 07/15/92 to 05/15/97 Bscrow ba1anoe Monthly inspection oharges from 10/01/96 to 06/01/97 at $7.25 Reasonable attorney's fee Title information oertifioate Photostats and postage Notarizations Total $ 63,200.10 $ 3,866.14 $ 323.24 $ (76.84) $ 65.25 $ 3,100.00 $ 325.00 $ 35.00 $ 10.00 $ 70,847.89 10. The original principal balance of the mortgage involved in this action was $65,800.00; therefore this action does not come within the purview of Act 6 of 1974. 11. The mortgage involved in this action is insured by the Federal Housing Administration, and therefore this matter does not come within the purview of the Homeowners' Emergency Mortgage Assistance Act of 1983. WHEREFORE, plaintiff demands judgment for $98,424.65, plus per diem interest at $14.11 from 06/02/97 to the date of judgment, plus monthly late charges of $23.38 from 06/15/97 to the date of judgment plus monthly inspection charges of $7.25 from 07/01/97 to date of judgment and escrow advances of $94.88 >- t:1 .- '0 t:: c,.. ')- ~ ., ~:'. .. a I.U~. - .( ~ <...J.. '.- -, f' 0 .;;:... 0., ~ri ' . ........ .' "d- 0"-- .:.:j , , .- 8 c :<~) ;,1 J. ..' 1~-1 '- . I , '.. - f ~ ~ I. i ,'oj . ~ I -, ~ ::t. a ~ ~ l ~_ r- :' t_i 0' :_) ~ t? l'Ij ~ y ~ ~ ~ CJ ~ >- ..:r (;: c:; C.:' " ~ ::J .,- U.l~ ('j ~-. <2t: ..... (.~j, "" < _. ~:; FE" '")",j .t.,.._ Q;-: ;::?: 0'- N 'x: UJc, . ~l!l c:J :.1ru (1- ~. =:> '-':.l.. 'oo <:: .~ 'I. r- ~j <.) C1' <J "'.. ~ _'I" C C': . , ", .. ~~"' .-,.- t:j8 - (_i ;.";. ~. i _) :~_;: [f~': ~ ....; 0'- ,?;; c N @h . -l>~ ,..-.. fCLi' c.o;: :"1[0 r:.: -' ~'d(L. "" LI. r- ::; 0 C1' <J , . , ~. ,. fr. U'I .,. C': I.. .~ .,. >- .. ~:J~ 1IIQ - r~:.::; '-'(1 .- ~);;: r:i:.,- :,;; ~~ ' :::'~I >'- :'>1 , ,''Of) '10. 1 -.' Uj.... ",' -.~ ..-'" t:_~ ;'1[0 I.C ~. :~':l~ r:' "" ::1 I'. ;- :J Q 0' U i5; If) 0 C': "-c ., ". ,- ~~5~ (--' - 1'-'_.,..- (.)'f- ~- .,....'-.,1 t!: 0.1 ........ .... ::,:. 11"'::':' .to:; '-,~; -:J 6';-- :~~:? I ~.' N Q..".- LtJ(;... i ,R .~,. -Jt, c...~ l r1fJJ G:' -, ::~ u... .r ~ ,-. :::I 1<, r- ::> 0 '" U Martha E. Von Rosenstiel 21 South 12th Street Suite 720 Philadelphia, PA 19107 (215) 569-1058 Attorney 1.0. #52634 Attorney for Plaintiff MELLON BANK, N.A., AS SUCCESSOR: TRUSTEE FOR THE PENNSYLVANIA FINANCE AGENCY, GMAC MORTGAGE : CORPORATION, SERVICER MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 v. KAREN A. STUART 619 BOSLER AVENUE LEMOYNE, PA 17043 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 97-3013 CIVIL TERM . . : . . . . NOTICB OF SHERIFF'S SALB OF REAL PROPBRTY TO: Karen A. Stuart 619 Bosler Avenue Lemoyne, PA 17043 Your house and/or real estate at 619 Bosler Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriff's Sale on December 3, 1997 at 10:00 a.m. to enforce the court judgment of $72,030.17 obtained by Mellon Bank N.A., as Successor Trustee for The Pennsylvania Housing Finance Agency, GMAC Mortgage Corporation, Servicer against you. NOTICB OF OWNERS RIGHTS YOU MAY BB ABLE TO PREVENT THIS SHBRIFF'S SALE To prevent this Sheriff's Sale you must take IHHBDIATB action: 1. The sale will be cancelled if you pay to Mellon Bank N.A., as Successor Trustee for The Pennsylvania Housing Finance Agency, GMAC Mortgage Corporation, Servicer the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (215) 569-1058. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney). YOU HAY STILL BB ABLB TO SAVE YOUR PROPBRTY AND YOU HAVE OTHBR RIGHTS BVEN IF THB SHBRIFF'S SALB DOBS TAKB PLACB. 1. be sold calling If the Sheriff's Sale to the highest bidder. (215) 569-1058. is not stopped, your property will You may find out the bid price by 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (215) 569-1058. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TBLBPHONE THB OFFICB LISTED BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HBLP. COURT ADMINISTRATOR 4th Floor, Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 ~ I...... r~ L, Co: f".~ ,~ (", .-) ,- lu.- r:..) ();,- , C.: ~ . ,.::_, L!. _ '- 9'- --- . s. ':,. ',"-I (! c._ , Wi.. , rt~.~ ", ,Iro =:, ,~~ : .: '- ,- ..., 11. r-, :j t.) '" lJ :- \1> . c; r:'; i..-= " , '. lJ J~:; - 0, ~)i - , ;.......-.: -" ~-~12d ". 0;:0 N r..:!/.. '1'" '"j' .~.'tij 5:1: . '-' [" f'_I l~'~,! u.. " c.:> " ,... :i 0 0'1 (J . Martha E. Von Rosenstiel, P.C. 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 (610) 623-2660 Attorney I.D. #52634 Attorney for Plaintiff MELLON BANK, N.A., AS SUCCESSOR: TRUSTEE FOR THE PENNSYLVANIA FINANCE AGENCY, GMAC MORTGAGE : CORPORATION, SERVICER MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 v. KAREN A. STUART 619 BOSLER AVENUE LEMOYNE, PA 17043 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 97-3013 CIVIL TERM : : : . . AFFIDAVIT OF NOTICB PURSUANT TO RULB 3129.1 COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF DELAWARE . . MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 619 Bosler Avenue, Lemoyne, PA 17043 : 1. Name and address of owners(s) or reputed owner(s): Karen A. Stuart 619 Bosler Avenue Lemoyne, PA 17043 2. Name and address of defendant(s) in the judgment: Karen A. Stuart 619 Bosler Avenue Lemoyne, PA 17043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: None 5. Name and address of every other person who has any i1; i::: Ul(? (.).. . tJ:~' II.r 9(" 0': U.J(r' [-_!t! .. . f:. II. a ..... "''-..;,; \.!} ~ ~:j..r. :':L;::'~ C-J , ,. ~ '? c..' b! C; /- m ? '~tIJ '~~ , ~.; ::> () >. \1) ~-: D; ~-:: '. .. ", 0" IUr: - - " , .. , 0'-' r- , : iF .,-:: 9': :~.j :-:J , >:'\: ...t~,. (-l',. '-, , Et, L ~;J l' , I". c:: L:.. r-- ::'i 0 a- u " No. q7- 3013 u~.;J.T~ MARTHA E. VON ROSENSTIEL, P.C. Attorney at Law 16 South Lansdowne Avenue, P.O. Box 457 Lansdowne, PA 19050 (610) 623-2660 12/09/97 TO: Karen A. Stuart 619 Bosler Avenue Lemoyne, PA 17043 RE: NOTICE OF SALE OF REAL PROPERTY: 619 Bosler Avenue, Lemoyne, PA 17043 Amount of Judgment: $ 72,030.17 Date of Judgment: August 7, 1997 Court Term and Number: Court of Common Pleas of ~erland County, File No.: 97-3013 Civil Plaintiff: Mellon Bank N.A., as Successor Trustee for The Pennsylvania Housing Finance Agency, GMAC Mortgage Corporation, servicer Defendant: Karen A. Stuart Dear Karen A. Stuart: Please be advised that the property and improvements, if any, located at and known as 619 Bosler Avenue, Lemoyne PA 17043 will be sold by the Sheriff of Cumberland County on , at 10:00 a.m. in the New Courthouse of Cumberland County, 2nd Floor, Carlisle, PA 17013. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendant. The name of the owner, real owner, and reputed owner of the aforementioned property is Karen A. Stuart. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 da's after said sale, and distribution will be made in accordanc with the schedule unless exceptions are filed thereto wit in ten (10) days after the date of the filing of said schedule. ou should check with the Sheriff's Office by calling (717) 240- 90 to determine the actual date of the filing of the schedule. MEVR:amb You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney). YOU HAY STILL BB ABLB TO SAVE YOUR PROPBRTY AND YOU HAVE OTHBR RIGHTS BVBN IF THB SHBRIFF'S SALB DOBS TAlE PLACB. 1. be sold calling If the sheriff's Sale is not stopped, your property will to the highest bidder. You may find out the bid price by (610) 623-2660. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if Sheriff the full amount due in the sale. happened you may call (610) 623-2660. 4. If the amount due from the buyer Sheriff, you will remain the owner of the never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. the buyer pays the To find out if this has is not paid to the property as if the sale 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, YOU SHOULD TAlE THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU DO NOT HAVE A LAWYBR OR CANNOT UFORD ONE, GO TO OR TBLBPHONE THB OFFICB LISTBD BBLOW TO FIND OUT WHBRE YOU CAN GBT LBGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 >- \11 r:: a; "q. :':i 1- .. ,.:', IIJ~) 0- (~ ~:.: ( ): - " [,:'... . ~.- . >.-. l' .: .-~~ ~J 9:- '.-.,' N ,,:~ Cl" ., "'J" ; '~.....: ~-'< (_: :",':j IJ ~ to ';.:~.: .::... j:';. c :=-j 1:'- r- Ll c-. U , Mellon Bank, N.A. as Sucessor Trustee For the Pennsylvania Housing Finance Agency GMAC Mortgage Corp. -vs- Karen A. stuart In the Court of Common Pleas Cumberland County, Pennsylvania No 97- 3013 Civil Term R. Thomas Kline, Sheriff. who says this writ is returned STAYED. Defendant filed bankruptcy. Sheriff's Costs: Docketing Prothonotary Surcharge Service Poundage POstpone sale being duly sworn according to law. See attached letter :from attorney. $ 30.00 1.00 4.00 9.92 1.30 20.00 66.22 Advance costs: Sheriff's Costs 1000.00 66.22 $ 933.78 refund to atty 2-23-98 So answers: .;~~:2<:;: ,:=.< 4~~.1 R. Thomas Kline, Sheriff By~t:h_' JL/2" Deputy Sheriff Sworn and Subscribed To Before Me This .IS'!::.. Day of 3.,J....A.l 1998, A.DQ'j1..c... C h...,P;.J. ~ Prothonotary , , , \."" "." '7 l.J l..k J PV'