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HomeMy WebLinkAbout97-03984 t! '... l ~ ~ \0 \I J ~ ~ - .. "J '- CJ )-- I 00 I ~) ~ ~ ~ \ . "1 I. ... (J- ;"l t~:, tU~~; ()... \" c, .. .~ ~~ Y- '. .., (.-;(, \...., c:.\~ . . ~ '6 ~ C') lI'. t: -- 1- -, !". -'. () " -~: . f\ I .\~ - \() \{"'"') ~~ ~ ~ ..;.; ~ ~ , - f".. "'" "n '0 '" .';.:) ~ - "'\ ~~'~ @) a:S ~ 4 ~~ ~ , ..l( 5.... ...... ..... ...J :;) ........ ~'-~ a p.~5~ !5:: - - ~c;~ 'l:l ; ; f-o~ ~ -. - .. ~ '~ ....ltl .;~ ~ ~- . a~ -:~ - ~. /; . ~ '~ f2 Ei . I~ II -!!l :s .,;; i~n > lq ~ ... i!l ~ ~. ~ " ~!u=s ~ :J .... ~J :II .. ;"~ , ... :~'i j,.\.. ,...., '" .....; , , . ,...t.... ;.;ttJ ::-.:. -;-.... ", '"". .:;l u .. . ..'\0..... ....'...' ....,... :...;;.;}_".........'ll."~.,. , . " ~ NAVY FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, I . r. _- NO. 'i-I. -1'1['1 L',,,,J It,- I WILLIAM KENNETH BAXER, a/k/a WILLIAM K, BAltER Defendant CIVIL ACTION - LAW I 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, Cumberland 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 de be 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 previa 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. 51 NO TIENNE ABOGAD 0 51 NO TIENE EL DINERO 5UFICIENTE DE PAGAR TAL 5ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA E5CRIDA ABAJO PARA AVERIGUAR DONDE 5E PUEDE CON5EGUIR A55ISTENCIA LEGAL: CUMBBRLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle. Par 17013 -- (717) 240-6200 NAVY FEDERAL CREDIT UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO. 17- 3fi4-- (i~ WILLIAM KENNETH BAKER, a/k/a WILLIAM K. BAKER Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE C 0 M P L A I N T 1. Plaintiff, Navy Federal Credit Union, is a federal credit union with an address of Post Office Box 23800, Merrifield, Virginia 22119-3800. 2. Defendant, WILLIAM KENNETH BAKER, a/k/a WILLIAM K. BAKER is an adult individual whose last known address is 132-134 East Penn Street, Carlisle, Pennsylvania 17013. 3. On or about February 6, 1985, said Defendant executed and delivered a Mortgage Note in the sum of $29,900.00 payable to DEFENSE ACTIVITIES FEDERAL CREDIT UNION, (original Mortgagee), a copy of which Note is attached hereto and marked Exhibit nAn. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant 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 770, Page 462 conveying to original Mortgagee the subject premises. The Mortgage was assigned to Navy Federal Credit Union in Mortgage Book 304, Page 160 on April 1, 1985. The Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 132-134 East Penn Street, Carlisle, Pennsylvania 17013 and is more particularly Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on March 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $27,401.71 (b) Interest at $9.34 per day 1,690.54 from 2/1/97 to 8/1/97 (based on contract rate of 12.50%) (c) Accumulated Late Charges (d) Escrow deficit 51. 04 33.39 TOTAL 1.370.09 $30,546.77* (e) 5% Attorney's Commission *Together with interest at the per diem rate noted in (b) above after August 1, 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 Mortgagor in accordance with Section 403 of Pennsylvania Act No.6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions ....~.......-. --- NAVY . FEDERAL CREDIT UNION In replv ref,r to acto","t no P.O. Box 23800 Merrifield, VA 22119-3800 0000000000 May 09, 1997 William Kenneth Baker 132 E. Penn Street Carlisle PA 17013 Re: Mortgage Loan No. 846638-0 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Navy Federal Credit Union (hereafter we, us or ours) on the property located at: 132 E Penn Street Carlisle PA 17013 is in SERIOUS DEFAULT because you have not made the monthly payments of $ 370.00 for the months of March I, 1997 through May I, 1997. Late charges (and other charges) have also accrued to this date in the amount of $ 38.28. The total amount now required to cure this default, or in other words, get caught up in your payments. as of date of this letter is $ 1148.28. You may cure this default within THIRTY (30) DAYS of the date of this letter. by paying to us the above amount of $ 1148.28. plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash. cashier's check, certified check, or money order. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly i~stallments if full payment of the amount of default is not made within THIRTY ()O) DAYS. We also intend to instruct our attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to cur attorneys, but you cure the default before legal proceedings are started against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are aver $50.00. Any attorne,'s fees will be added to whatever you owe us, which may also inclu~e our reasonable costs. If you cure the default within the thirty day perlod, you will not b~ required to pay attorney's fees. . " EX~lb,t lIt ........-..... -.--.... NAVY i1 FEDERAL CREDIT UNION In r"Dly reler 10 account no Loan tlo. 8405638-0 Continued Page 2 We may also sue you personally for the unpaid principal balance and all oth~r sums due under the mortgage. If you have not cured the default within the thirty 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 be- fore the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other re- quirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from now. A notice of the date of the Sheriff's sale will be sent to you before the sale. of course, the amount needed to ~ure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-258-5948. This payment must be in cash, cashier's check, certified check or money order and made payable to: Navy Federal Credit Union. P.o. Box 23800, Merrifield, Virginia 22119-3800. ATTENTION: Mortgage Collections. You should realize that a Sheriff's sale will end your owner- ship of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. (YOU MAY HAVE THE RIGHT TO SELL OR T~ISFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 PRIeR TO OR AT THE SALE, (AND T.~T THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUM- STANCES THIS RIGHT toUGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However. you are not ~ntitled to this right to cure your default mor~ than three times in any cal4.ndar year. 'V{tdP -- Ht ll*:lt ;"0;1 :~,.,.. :..on Branch cc: rAg1l1 a! ~\,~ 11 y, '.'.'~.t,' i~.\ eo; )1.. v.. , I~Qi-l1.tjC:.~1.f ...,. ..."",...', ...".... ...."10.. ............ E t t. :'~ : ... ! . ~ j ...: ,. . ; . . . . .' . . r. . . , - ~ COMPANY NAME: NAVY FEDERAL CREDIT UNION VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 7/03/97 Title Brian L. HUier Assistant Treasure NAVY FEDERAL CREDIT UNION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. '7}. f'I:"/ (.,......1 -- I .A'.( .l-~' WILLIAM KENNETH BAKER, a/k/a WILLIAM K. BAKER Defendant 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 00 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, Cumberland 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 previa 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 IMMED1ATAMENTE. S1 NO T1ENNE ABOGAD 0 S1 NO T1ENE EL D1NERO SUFIC1ENTE DE PAGAR TAL SERVIC10, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OF1CINA CUYA 01RECC10N SE ENCUENTRA ESCR1DA ABAJO PARA AVERIGUAR DONDE SE PUEOE CONSEGU1R ASSISTENCIA LEGAL: TRUE COPY FRO CUMBERLAND COUNTY M RECORD Cour': Administrator, Cumberland County CourthJt~"u"l.,wllereof.1 Iler. unto SIt lny.... Carlisle, Pa. 17013 -. (717) 240-6200 IIIdthesealol ;jf.~~'.tc.rIisle.Pa. \ J' It. 19"7 t" (', "'<' :"r ," ry NAVY FEDERAL CREDIT UNION, Plaintif f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 17- :3q~4- (I~'-t~t WILLIAM KENNETH BAKER, a/k/a WILLIAM K. BAKER Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, Navy Federal Credit Union, is a federal credit union with an address of Post Office Box 23800, Merrifield, Virginia 22119-3800. 2. Defendant, WILLIAM KENNETH BAKER, a/k/a WILLIAM K. BAKER is an adult individual whose last known address is 132-134 East Penn Street, Carlisle, Pennsylvania 17013. 3. On or about February 6, 1985, said Defendant executed and delivered a Mortgage Note in the sum of $29,900.00 payable to DEFENSE ACTIVITIES FEDERAL CREDIT UNION, (original Mortgagee), a copy of which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant 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 770, Page 462 conveying to original Mortgagee the subject premises. The Mortgage was assigned to Navy Federal Credit Union in Mortgage Book 304, Page 160 on April 1, 1985. The Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 132-134 East Penn Street, Carlisle. Pennsylvania 17013 and is more particularly Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on March 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $27,401.71 (b) Interest at $9.34 per day 1,690.54 from 2/1/97 to 8/1/97 (based on contract rate of 12.50\) (c) Accumulated Late Charges 51.04 (d) Escrow deficit 33.39 (e) 5\ Attorney's Commission TOTAL 1.370.09 $30,546.77* *Together with interest at the per diem rate noted in (b) above after August 1, 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 Mortgagor in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagor has failed to reinstate the Mortgage in accordance with the provisions AtIl.........._, -- NAVY @ FEDERAL CREDIT UNION In '.plv r.r., to accounl no P.O. Box 23800 Merrifield. VA 22119-3800 0000000000 May 09. 1997 William Kenneth Baker 132 E. Penn Street Carlisle PA 17013 Re: Mortgage Loan No. 846638-0 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Navy Federal Cr~dit Union (hereafter we, us or ours) on the property located at: 132 E Penn Street Carlisle PA 17013 is in SERIOUS DEFAULT because you have not made the monthly payments of $ 370.00 for the months of March 1, 1997 through May 1, 1997. Late charges (and other charges) have also accrued to this date in the amount of $ 38.28. The total amount now required to cure this default. or in other words, get caught up in your payments, as of date of this letter is $ 1l48.28. You may cure this default within THIRTY (30) DAYS of the date oE this letter. by paying to us the above amount of $ 1148.28, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash. cashier's check. certified check, or money order. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerat~ the mortgage payments. This means that whatever is owing on th~ original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly :~stallments if full payment of the amount of deEault is not made within THIRTY (30) DAYS. We also intend to instruct our attcrn~y to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If we refer your case to cur attorneys. but you cure the default before legal proceedings are started against you, you wlll still have to pay the reasonable attcrney's fees. actually lncurr~d. up to $50.00. Howev~r. iE legal proceedings are started against ycu. you will have to pay the reasonable attorney's fees ~':en if th'!i' are over SSO .00. A.'1.y attorn~"I' s fees will be added to what'!ver you owe us. which may also incl~~e our re3sonable costs. IE you cure the default within t~e thirty =ay perlod. IOU will not C~ requlr~j to pay attorney's fees .-...-... .-.--- NAVY ~ FEDERAL CREDIT UNION '" tlOfY rtf" ro ICcounl no Loan :10. 8H638-0 Continued Page 2 We may also sue you personally for the unpaid principal balance and all othe= sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosu=e proceedings have begun. you still have the right to cure the default and prevent the sale at any time up to one hour be- fore the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costS connec:ed with the foreclosure sale (and perform any other re- quirements u~der the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from now. A notice of the date of the Sheriff's sale wil~ be sen': 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 ':ime exactly what the required payment will be by calling us at the following number: 1-800-258-5948. This payment must be in cash, cashier's check, certified check or money order and made payable to: Navy Federal Credit Union, P.O. Box 23800, Merrifield, Virginia 22119-3800, ATTENTION: Mortgage Collections. You should realize that a Sheriff's sale will end your owner- ship of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You ha~e additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF T~E MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR T~~SFEREE WHO WILL,ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTST~~DING PAYME~ITS, CHARGES k~D ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, lAND THAT THE OTHER REQUIREMENTS UNDER THE ~lORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUM- STASCES THIS RIGHT NIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS CEFA~LT CURE~ BY NfY THIRD PARTY ACTION ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same positic~ as if no default had occurred. However. you are not entitled to ':his right to cure your default more than three times in any cale~~ar year. r~~J11{a2 l B~l'~rt'l' ~tl'11..~ .. -~'v. w, \ ........ 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