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HomeMy WebLinkAbout97-06682 I,f ( 1 i~' , , 'I ..." , I " 1 :$, 0 ,~ .. ~ V) " Ii ~ \J 't'" '~ ~, .,.. '00 ~.' J :t C .,;,(J' ~ o "- ~ << ~ i I 1 jl I , I, \,~ ")'.... ' ..... ,J"" , l'"'' , , 'I , 1 " ,I " . , ) (, ~I ~1 , . <:l;' .~ . . 6, The following amounts are due on the mortgage: Prinoipal Balance Interest 5/1/97 through 11/1/97 (Per Diem $12,51) Attorney's Fees cumulative Late Charges 8/25/89 to 11/1/97 Cost of suit and Title Search Subtotal $45,665,26 :?,29Q,50 2,284,00 22,64 55Q,OQ 50,832.40 Escrow Credit Deficit Subtotal 0,00 g~Jll fULJll 'rOTAL ~51,509."7 7. The attorney's fees Bet forth above are in conformity with the Mortgage doouments and Pennsylvania Law, and will be col.lected in the event of a third party pur.chaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, Notice of Intention to Foreclose has been sent to Defendant(s) by certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A," 9, Pursuant to the Fair Debt Collection Practioes Act, 15 U,S,C, S 1692 et seq, (1977), Defendant(s) may dispute the validity of the debt or any portion thereof, If Defendant(s) 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, t~e 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 the Defendant(s) in the sum of $51,509,47, together with interest from 11/1/97 at the rate of $12,51 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged prope:;Jrty, ./7~ 'J.--. '1.-- ) I~"""""""'""""..../ __/~ .--; ....t~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff NationsBanc Mortgage corporation p, 0, Box 35140 Louisville, KY 40232-51~0 september 19, 1997 Felicia steinour 20 Fairfield st Mt Holly spgs PA 17065 RE: NATIONSBANC MORTGAGE CORPORATION 52 ACT (>'1 ACCOUNT NUMBER: 0001592732 MORTGAGORS: Barry steinour Felicia steinour PROPERTY ADDRESS: 20 Fairfield st Mt Holly Spgs PA 17065-1705 NOTICE OF INTENTION TO FORECLOSE MORTGAGE THE MORTGAGE HELD BY Nationsbanc Mortgage corporation, (HEREINAFTER WE, US, OR OURS) ON YOUR PROPERTY LOCATED AT 20 Fairfield st, Mt Holly spgs PA 17065, IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY PAYMENTS OF $562,16 FOR THE MONTHS OF 06/01/97 THROUGH 09/01/97 AND $ FOR THE MON'!'HS OF THROUGH THE TOTAL DELINQUENCY AS THIS DATE IS 2,271,28 COMPUTED AS FOLLOWS: DELINQUENCY AS OF September 19, 1997 LATE CHARGES TO september 19, 1997 TOTAL DELINQUENCY AS OF September 19, 1997 $ $ 2,248,64 22,64 2,271.28 THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, BRING YOUR PAYMENTS CURRENT, AS OF THE DATE OF THIS I,ETTER IS $ 2,271. 28, , YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DA'fE OF THIS LETTER, BY PAYING TO THE MORTGAGE COMPANY THE ABOVE AMOUNT OF $ 2,271,28, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD, SUCH PAYMEN'l' MUST BE MADE EITHER BY CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER, AND MAILED TO P,O, BOX 35140, LOUISVILLE, KENTUCKY 40232, OR MAILED TO OUR PHYSICAL ADDRESS, 101 East Main Street, suite 400, Louisville, Kentucky 40202, IF YOU DO NOT CURE THE DEFAULT WITHIN THIRTY (30) DAYS, THE MORTGAGE COM- PANY INTENDS TO EXERCISE THE RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS, THIS MEANS THAT THE AMOUNT OWING ON THE ORIGINAL MOR'l'GAGE AMOUNT BORROWED WILL BE CONSIDERED DUE IMMEDI~TELY AND YOU MAY LOSE THE CHANCE TO PAY OFF THE ORIGINAL MORTGAGE IN MONTHLY INSTALLMENTS, IF FULL PAYMENT OF THE AMOUNT OF DEFAULT IS NOT MADE WITHIN THIRTY (30) DAYS, THE MORTGAGE COMPANY ALSO INTENDS TO START A LAWSUIT TO FORBCr.OSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT, IF YOU CURE 'l'HE DEFAULT BEFORE WE BEGIN LEGAL PROCEEDINGS AGAINST YOU, YOU WILL STII,L HAVE TO PAY THE REASONABLE AT'rORNEY'S FEES, ACTUALLY INCURRED, UP TO $50,00. HOWEVER, IF LEGAL PROCEEDINGS ARE STARTED AGAINST YOU, YOU DR193 005 DB3 ExHIBIT A NationoBanc Mortgage Corporation p, 0, Box 35140 Louisville, KY 40232-514.0 September 19, 1997 Barry Bte,l.nol~r 20 Fairfield at Mt Holly spgs PA 17065 REI NATIONBBANC MORTGAGE CORPORATION 52 ACT 6,1 ACCOUNT NUMBER: 0001592732 MORTGAGORS: Barry Bteinour Felicia Steinour PROPERTY ADDRESS: 20 Fairfield st Mt Holly Spgs PA 17065-1705 NOTICE OF INTENTION TO FORECLOSE MORTGAGE THE MORTGAGE HELD BY Nationsbanc Mortgage corporation, <HEREINAFTER WE, US, OR OURS) ON YOUR PROPERTY I.OCATED AT 20 Fairfield st, Mt Holly Spgs PA 17065, IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE MONTHLY PAYMENTS OF $562.16 FOR THE MONTHS OF 06/01/97 THROUGH 09/01/97 AND $ FOR THE MONTHS OF THROUGH THE TOTAL DELINQUENCY AS THIS DATE IS 2,271,28 COMPUTED AS FOLLOWS: DELINQUENCY AS OF September 19, 1997 LATE CHARGES TO September 19, 1997 TOTAL DELINQUENCY AS OF September 19, 1997 $ $ 2,248,64 22.64 2,271.28 THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, BRING YOUR PAYMENTS CURRENT, AS OF THE DA'l'E OF THIS LETTER IS $ 2,271.28, YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER, BY PAYING TO THE MORTGAGE COMPANY 'l'HE ABOVE AMOUNT OF $ 2,271.28, PLUS ANY ADDI'rrONAL 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, AND MAILED TO P,O, BOX 35140, LOUISVILLE, KENTUCKY 40232, OR MAILED TO OUR PHYSICAL ADDRESS, 101 East Main Street, suite 400, Louisville, Kentucky 40202, IF YOU DO NOT CURE THE DEFAUl.T WITHIN THIRTY (30) DAYS, THE MORTGAGE COM- PANY INTENDS TO EXERCISE THE RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS, THIS MEANS THAT THE AMOUNT OWING ON THE ORIGINAL MORTGAGE AMOUNT BORROWED WILL BE CONSIDERED DUE IMMEDIATELY AND YOU 11AY LOSE THE CHANCE TO PAY OFF THE ORIGINAL MORTGAGE IN MONTHLY INSTALLMENTS, IF FULL PAYMENT OF THE AMOUNT OF DEFAULT IS NO'f MADE WITHIN THIRTY (30) DAYS, THE MORTGAGE COMPANY ALSO INTENDS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY, IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT, IF YOU CURE THE DEFAULT BEFORE WE BEGIN LEGAL PROCEEDINGS 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 DR013 034 DB3 t:.x.l-UB \T A WILL HAVE TO PAY TilE HE1,SONA13LE A'1'TORNEY' S FEES, EVEN II" 'l'IIEY ARE OVEH $50,00. ANY A'1''1'ORNEY' S FEES WH,T., BE ADDED '1'0 WHA'1'EVEH YOU OWE 'fll,E MOR'f- GAGE COMPANY WHICH MAY ALSO INCLUDE REASONABLE COS'1'S, IF YOU CURE TIlE DEFAULT WITIHN 'fHE PO) DA'{ PERIOD, YOU WILL NO'l' BE REQUIHED '1'0 PAY ATTORNEY FEES, YOU HAVE TilE RIGIIT '1'0 AIlSER'1' IN 'l'IlE FORECLOSURE PROCEEDINGS THE NONEXIST- ENCE OF A DEFAUL'f OR ANY OTIIER DJ~FENSE ,{OU MAY IIAVE 'fO ACCELERA'l'ION AND FORECLOSURE, THE MORTGAGE COMPANY MAY ALSO SUE YOU PERSONALL'{ FOR 'fHE UNPAID PRINCIPAL BALANCE AND ALL O'rHER SUMS DUE UNDER TilE MOR'fGAGE, IF' YOU HAVE NOT CURED THE DEFAULT WITIIIN THE TIIIRTY (30) DAY PERIOD AND FORECLOSURE PROCEEDINGS HAVE BEGUN, YOU mINE THE RIGHT TO CURE 'rilE DEFAU1,T AND PREVENT THE SALE AT ANY TIME UP TO ONE 1I0UR BEFORE TilE SIIERIFF'S FORECI,OSURE SALE, YOU MAY DO SO BY PAYING THE TO'1'AL AMOUN'f OF 'rHE UNPAID MON'1'HI,'{ PAYMEN'1'S PLUS ANY r,.ATE OR OTHER CHARGES '1'HEN DUE, AS WELL AS 'rilE REASONABLE ATTORNEY FEES AND COSTS CONNECTED WI'l'H TilE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMEN'fS UNDER THE MORTGAGE), IT IS ESTIMATED THA'f THE EARLIEST DATE THAT SUCH A SHERIFF'S SALE COULD BE HELD APPROXIMATELY FIVE (5) TO SIX (6) MONTHS FROM THE DATE OF THIS NOTICE, A NOTICE OF THE DATE OF THE SHERIFF'S SALE WILL BE SENT '1'0 YOU DEFORE TilE SALE, OF COURSE, THE AMOUNT NEEDED TO CURE '1'HE DEFAULT WILL INCREASE THE LONGER YOU WAIT, YOU MAY FIND OUT AT ANY TIME EXAC'fLY WHAT THE RE~UIRED PAYMEN'1' WILL BE BY CALLING 'fIlE MOR'l'GAGE COMPANY AT THE FOLLOWING TOLL FREE NUMBER, 1-888-915-6262 PAYMENT COUNSELING DEPT, THIS PAYMENT MU BE IN CASH, CASHIER'S CHECK, CER'l'IFIED CHECK OR MONEY ORDER AND MADE PAYABLE TO THE MORTGAGE COMPANY. AT THE ADDRESS STATED ABOVE. YOU SHOULD REALIZE THAT A SHERIFF'S SALE WILL END '{OUR OWNERSHIP OF THE MORTGAGED PROPER'1'Y AND YOUR RIGm' '1'0 REMAIN IN I'!', IF YOU CON'l'INUE TO LIVE IN THE PROPERTY AFTER THE SHERIFF'S SALE, A LAWSUIT COULD BE STARTED TO EVICT YOU, YOU IIAVE ADDITIONAL RIGHTS TO HELP PROTECT YOUR IN'fEREST IN THE PROPER'fY, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OB'fAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONE'{ FROM ANOTHER LENDING INSTITU'l'ION TO PAY OFF THIS DEBT, (YOU MAY HAVE THE RIGIIT TO SELL OR TRANSFER TilE PROPERTY SUBJEC'f TO THE MOR'1'GAGE TO A BUYER eR '1'RANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALT" THE OU'fSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MOR'1'GAGE ARE SA'fISFIED) , CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGH'1' MIGH'f' EXIST. YOU IIAVE THE RIGII'f TO HAVE THIS DEFAULT CURED B'{ ANY THIRD PARTY ACTING ON YOUR BE- HALF, IF YOU CURE 'l'HE DE~'AULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSI- TION AS IF NO DEFAULT HAD OCCURRED. HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT TO CURE YOUR DEFAULT MORE THAN '1'HREE TIMES IN ANY CALENDAR YEAR, VERY TRULY YOURS, John Reiber Payment Counseling Department CERTIFIED MAIL-RETURN RECEIPT REQUEST RETURN RECEIPT NO, P 453 913 685 cc~ EXHIBIT A VA/FHA/PMI No. 441-4009395 DR040 024 DB3 . . I!' ~ .' , , " " , , I ~ ( , , .r I' , , . Ii. " , 'I I i'!,;l... I , Ir .J ~. ~ 0.1 (j - - (I) i rn J >' (0 rJ Ll.J 'R. iQ ('t .~ ~) , , '. r<\ " .. 8 ":t ::J V ,-t \l"j .,0 ~ ~ - '; , it L I, CT .-n .3 I;". i 'ot:. " , '<I} ,~ ...J ~ .- I I, , I, " " r-l , , , " I".-,r; ~. p. .~ .. I ;'l , I , I , , I .. . , " ',; ) c() ~ ~ :r c<1 -~ ~ -II ;.J 11 ,j 0:(, .u i ti ~ ~ @ 1L 1L1JE."'8.. '8. 8 ~S~(J() iJ) 'l()" . 0 li"i _ ::r (7 ~ ()O rc 4j ~ 111 . .' ~ (D 1 u -tf ~ ,,; OJ \:J 1t ,J .J U ,..1 it ;1 (if -:r - 0 - 04 , I i , , , " ,: , I . I ' , , , , , I. .. I ' , ," \,.\ i " , L NATIONSBANC MORTGAGE CORPORATION I CUMBERLAND COUNTY I COURT OF COMMON PLEAS I OIVIL DIVISION VIS. BARRY L. STEINOUR FELICIA F. STEINOUR I NO. 97-15602 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 11 IlbTIONSBANC MORTGAGE CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ" sets forth as of the date the Praecipe for the writ of Execution was filed the following information concerning the real property located at 20 FAIRFIELQ STREET. MOUNT HQHUX~INGS. PA 11~5L 1, Name and address of owner(a) or reputed o~ner(s) : t.fA!1E LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) BARRY ~STEINOU~ 20 FAIRFIELD STREET MOUNT HOLLY SPRINGS. FA 17065 20 FAIRFIELD STREET MQUNT HOLLY SPRINGS. PA 17065 2, Name and address of Defendant(s) in the judgment: PELICIA F, STEINQYB t.fA!1E LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVfl 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: tlA.M.E LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) HQ.Hl!1 4, Name and address of the last recorded holder of every mortgage of. record: t.fA!1E LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 1631 SOUTH ATHERTON STREET DTATE COLLEGE. PA 16804-0JUl2 YUlQN-FEDERAL SAVINGS BANR [ '.. dl , , L~ ~ I .. \, \.Ill .... ~!; " " " l'll'i L\' -.. (, I..J j" " , I " r'o , U ( , I ~J....' You may need an attorney to assert your rights. The sooner you oontaot one, the morE! ohance you will have of stopping the sale, (See notioe on page two on how to obtain an attorney,) YOU KAY STILL BE ABLB TO SAVE YOUR PROPERTY AND YOU HAVE OTHBR BliB1S EVEN IF~B SHBRIFF'S SALB-POBS TAKE PLACB, 1, be sold oalling If the Sheriff's Sale to the highest bidder, .(215\ 563-7000, is not stopped, your property will You may find out the prioe bid 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 your. property. if the buyer pays the To find out if this has 3, The sale will go through only Sheriff the full amount due in the sale, happened, you may call (215) 563-7000, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remaJ.n the owner of the property as if the sale never happened, 5, You have the 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 distr.ibution of the money bid for your house will be filed by the Sheriff on This schedule will state who will be receiving that money. The money Idll be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (lO) days after 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE~P. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th floor Cumberland County courthouse (717) 240-6200 '., 'to , '.. , 'iI t '; I:'" I,ll r.: " 'I " [, I, , " , 1..1' ,j . . You may need an attorney to assert your rights. The sooner you oontaot one, the more chance you will have of stopping the sale. (See notice on page two on how to obtaJ.n an attorney.) YOU HAY STI.Idt-JlE ABLE TO Bl\Dl YOUR PROPERTY AND YOU HAVE Omn RIOIITS BVI!lN II' THE BIIl'lRIFF I a SALE DO~S TARE PLAg1L. 1. be 1II0ld calling If the Sheriff's Sale to the highest bidder. 1215\ 563-70Q...Q.. is not stopped, your property will You may find out the price bid by 2. You may be able to petition the Court to set aside the sal~ if the bid price was grossly inadequate compared to the value of your 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) 563-7000. 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 the 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 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 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately aftar the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERI,AND COUNTY COURT ADMINISTRATOR 4th floor Cumberland county Courthouse (717) 240-6200 ." DESCRJP110N ALL that certain tract of land with the Improvement:! thereon erected situate at the Intersection of t/1e southwestern side of Fairfield Street with the northwestern sIde of Center Street, Borough of Mt. Holly Springs, Cumberland Couney, Pennsylvania, being also known as part of Lot No.3 on a plan of lots by Phillip A. and Edith A. Warner, recorded In Cumberland Couney Plan Book 4, page 23, and being more fully bounded and described in accordance with a plan of survey by Stephen G. Fisher, Registered Surveyor, dated October 25, 1978, and bearing drawing No. 78A182. as follows: BEGINNING at a stake set at the intersection of the southwestern side of Fairfield Street (3:5.00 feet wide right-of-way) with [he northwestern side of Center Street (35.00 feet wide right-of-way); thence extending from said beginning stake and along the northwestern side of Center Street. South 34 degrees 49 minutes West, 156.50 feet [0 a railroad spike set on [he northeastern side of a 20.00 feet wide alley; thence extending along same, North 45 degrees 02 minutes West, 105.65 feet to a stake set at corner of land now or formerly of Lester A. Sheaffer; thence extending along same, North 34 degrees 49 minutes East, 137.88 feet to an iron pin set on the southwestern side of Fairfield Street, aforesaid, thence extending along line of same, South 55 degrees 11 minutes East, 104.00 feet to the first mentioned stake and place of BEGINNING. TAX PARCEL #23-31-2187-48 TITLE TO SAID ~REMISES IS VESTED It!: Barry L. Steinour and Felicia F. Steinour. his wife by Deed ~om Christopher C. Shughart and Wendy Lee Richardson, dated 8/25/89, recorded 8/28/89, In Deed Book 0-34, page 212. , i I , ~! !