HomeMy WebLinkAbout07-1249GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 825-6318
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
07 - 1)1W atci L l
COUNTRYWIDE HOME LOANS SERVICING LP F/K/A
COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
VS.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
Mortgagors and Real Owners
804 South Humer Street
Enola, PA 17025
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
U'V iL AGTM: MOf1TQAGF
RORIMLOOUAF
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 the 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. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money claim in the Complaint
of 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE'UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home
Retention options.
5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretention(a,goldbecklaw com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-7395.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME
LOANS INC., 7105 Corporate Drive, PTX C-35 Plano, TX 75024-3632.
2. The names and addresses of the Defendants are REBECCA A. SUSAVIDGE, 804 South Humer Street,
Enola, PA 17052 and BRYAN S. SUSAVIDGE, 804 South Humer Street, Enola, PA 17025, who are the
mortgagors and real owners of the mortgaged premises hereinafter described.
3. On May 16, 1997 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of
the Recorder of Deeds of Cumberland County as Book: 1382, Page: 225. The mortgage has been
assigned to: COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME
LOANS INC. by assignment of Mortgage May 20, 1997 and recorded on August 11, 1997 as Book 554,
Page 338. The Mortgage and assignment(s) are matters of public record and are incorporated by this
reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the
Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public
record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property").
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2006 and each month thereafter and by the terms the Mortgage, upon default in such
payments for a period of one month or more, the entire principal balance and all interest due and other
charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ....................................................................................$84,810.61
Interest from 10/01/2006 through 02/28/2007 at 7.0000% .......................$2,455.26
Per Diem interest rate at $16.26
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$4,240.53
Late Charges from 11/01/2006 to 02/28/2007 .............................................$136.68
Monthly late charge amount at $34.17
Costs of suit and Title Search ......................................................................$900.00
Monthly Escrow amount $217.56
$92,543.08
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing
Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of
1998.
WHEREFORE, Plaintiff demands a de terris judgment in mortg4ge foreclosure in the sum of $92,543.08,
together with interest at the rate of $16.26, per day and other expenses, costs and charges incurred by.the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By: 1 _ 1\1 * 1 1 M4 11 G DBECK McCAFFERT cKEEVER
By'! JOSEPH A. GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I JUBALENTINE, SR. VICE PRESIDENT , as the representative of
the Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
Date:-3 -(-0 -7
#9003265 - REBECCA A. SUSAVIDGE and BRYAN S. SUSAVIDGE
ExhibitA
P4]lm6s M14
fC1RJ -CmitilOID
AiL3t1A3C>NF1AL$pwv?hia(YY?M?ki?ior?lyc?y?t ?y
dt?il?l.oe??,a+prMoiryAr?M m
+ d t .ls.BMMC.?riA194!rwoMwwtk
WIMM 233
11? lAt'Nata3M& ip.rmpni '?q 6idAht mwswdawrre?rr)7,
w fd4liir?'?fa+?ia-.?r 1419!1 aiinoiiFiF!rpry?,1l91 ? tp ape. dare
Mrdtira?DMbi w) b'?1'°??7.+II? llodt t ts, E.3+11.
?aMa4YiNrri:li?upravll?4H 11rR lirwlM.
p ? p
d a
'M I
t
tt-1)3
In the Court of Common Pleas of Cumberland Cumberland County
COUNTRYWIDE HOME LOANS SERVICING LP F/KJA
COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
No. 07-1249
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record Owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
PRAECIPE FOR JUDGMENT
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against REBECCA A. SUSAVIDGE and BRYAN S. SUSAVIDGE by
default for want of an Answer.
Assess damages as follows:
Debt
$93,827.02
Interest from 4/18/07 to Date of Sale
Total
(Assessment of Damages attached)
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 4d
Joseph A. 904beik, Jr.
aintiff
Attorney &E .P
I.D. #16132
AND NOW , -1 , Judgment is entered in favor of
COUNTRYWIDE HOME MANS SERVICING LPF/K/A COUNTRYWIDE HOME LOANS INC. and against REBECCA
A. SUSAVIDGE and BRYAN S. SUSAVIDGE by default for want of an Answer and damages assessed in the sum of
$93,827.02 as per the above certification. /I , A,
Protl(onotary
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
No. 07-1249
VS.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagors and Record Owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Prothono
By:
el,
31a"-
If you have any questions concerning the above, please contact:
Joseph A. Goldbeck, Jr.
Goldbeck McCafferty & McKeever
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
VERIFICATION OF NON-MILITARY SERVICE
corporation within named do hereby verify that I am authorized
to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of
Non-Military Service are true and correct to the best of my
knowledge, information and belief. I understand that false
statements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, REBECCA A. SUSAVIDGE,
I?
is about unknown years of age, that Defendant's last known
residence is 804 South Humer Street, Enola, PA 17052, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service
of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Action of
Congress of 124 and ; ts_,mPnsiments
Date:
(?? ?/?
VERIFICATION OF NON-MILITARY SERVICE
corporation within named do hereby verify that I am authorized
to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of
Non-Military Service are true and correct to the best of my
knowledge, information and belief. I understand that false
statements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, BRYAN S. SUSAVIDGE, is
about unknown years of age, that Defendant's last known
residence is 804 South Humer Street, Enola, PA 17025, and is
engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service
of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Action of
C'nnares,s of 1240 an i t s A endmQntys
Date:// ?(??
CWD-7395
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: April 2, 2007
TO:
BRYAN S. SUSAVIDGE
804 South Humer Street
Enola, PA 17025
COUNTRYWIDE HOME LOANS SERVICING LP F/K/A
COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
vs.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record Owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
TO: BRYAN S. SUSAVIDGE
804 South Humer Street
Enola, PA 17025
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 07-1249
IMPORTANT NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
??a sell Ft Ta?rf£?eck 2r
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
CWD-7395
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
DATE OF THIS NOTICE: April 2, 2007
TO:
REBECCA A. SUSAVIDGE
804 South Humer Street
Enola, PA 17052
COUNTRYWIDE HOME LOANS SERVICING LP F/K/A
COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
vs.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record Owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
TO: REBECCA A. SUSAVIDGE
804 South Humer Street
Enola, PA 17052
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 07-1249
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
?aseZ h. . Tc?ttfCieck 7r
GOLDBECK MCCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
-- Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS SERVICING LP
F/K/A COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
vs.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
No. 07-1249
ORDER FOR JUDGMENT
Please enter Judgment in favor of COUNTRYWIDE HOME LOANS SERVICING LP F/K/A
COUNTRYWIDE HOME LOANS INC., and against REBECCA A. SUSAVIDGE and BRYAN S.
SUSAVIDGE for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is
the United States of America) from the date of service of the Complaint, in the sum of $93,827.02.
W"B
Joseph A. Go b ck, Jr.
Attorney for tiff
I hereby certify that the above names are correct and that the precise residence address of the judgment
creditor is COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the
Defendant(s) is/are REBECCA A. SUSAVIDGE, 804 South Humer Street Enola, PA 17052 and BRYAN S.
SUSAVIDGE, 804 South Humer Street Enola, PA 17025;
GOLDBEC CAFFERTY & McKEEVER
BY: Joseph oldbeck, Jr.
Attorney for Plaintiff
. ' .
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Interest from 10/01/2006 through $3,235.74
04/17/2007
Reasonable Attorney's Fee $4,240.53
Late Charges
$205.02
Costs of Suit and Title Search $900.00
Escrow
$435.12
$93,827.02
GOLDBEC c AFFERTY & McKEEVER
BY: Joseph Go beck, Jr.
Attorney for Plaintiff
AND NOW, this 1944-day of P pn-c `,, , 2007 damages are assessed as above.
A Ar 1A
Pr rothy
?F
VZ?.. C_
rJ
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
215-627-1322
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS SERVICING LP
F/KJA COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
VS.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
Mortgagor(s) and Record Owner(s)
804 South Humer Street
Enola, PA 17025
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 07-1249
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
$93,827.02
Interest from 4118107
to Date of Sal a
7.0000%
(Costs to be added)
GOLDBECK c AFFERTY & McKEEVER
BY: Joseph . G dbeck, Jr.
Attorney for Plaintiff
#W
d
w
a z
W c7 U
?t
C W CW7 3 ?; ti a??i o
aioGTr Ox > ??bxpd, ?; C7 ° q ?
E-' O a W N o
o E., W d .-. d ? _
7O U? W I. O¢rr.ON
U W W 00 W ?+ y C w
0
H o ? ?
a
o
-7L
c ° •?
C?
06-
10
o?
?: L4
All that certainpiece or parcel of land situate in the Township of East Pennsboro, County of
Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with
survey of Hartman & Associates, Inc., dated October 30, 1992 as follows, to wit:
- hick ist ---
Lots referred to hereinafter and which beginning point is on the eastern side of South Humer Street;
thence along the east side of South Humer Street North twenty-seven (27) degrees thirty (30) minutes
zero (00) seconds West sixty-five (65) feet to a point marked by a stake; thence North seventy (70)
degrees thirty-two (32) minutes zero (00) seconds East two hundred twelve and ninety-seven hundredths
(212.97) feet to a point along the line of land now or late of Frances H. Fake; thence along the line of
land now or formerly of Frances H. Fake, aforesaid South eighty (08) degrees fifteen (15) minutes zero
(00) seconds east thirty-seven and thirty-two hundredths (37.32) feet to a point marked by an iron pin
and which point is the northeast corner of Lot no. 2 on the Plan of Lots referred to hereafter; thence
along the dividing line between Lot No. 1 and Lot No.. 2 South sixty-two (62) degrees thirty (30)
minutes zero (00) seconds West one hundred ninety-eight and sixty-two hundredths (198.62) feet to
appoint, the place of beginning.
Being Lot No. 1 on Subdivision Plan prepared by Earl D. Palm and Sons, dated February 7, 1973. This
Plan appears of record in Cumberland County Plan Book 23, Page 145.
TAX PARCEL NO. 09-16-1051-053
PROPERTY ADDRESS: 804 SOUTH HUMER STREET, ENOLA, PA 17025
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-1249 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICEING LP
F/K/A COUNTRYWIDE HOME LOANS INC., Plaintiff (s)
From REBECCA A. SUSAVIDGE AND BRYAN S. SUSAVIDGE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $93,827.02
L.L. $.50
Interest FROM 4/18/07 TO DAE OF SALE AT 7.0000%
Atty's Comm % Due Prothy $2.00
Atty Paid $154.40
Other Costs
Plaintiff Paid
Date: APRIL 19, 2007
(Seal)
6V J. .
hq4
Curti R. Long, n aryBy:
Deputy
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: GOLDBECK MCCAFFERTY & MCKEEVER
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 16132
.»
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney-fr--Plaintiff -
COUNTRYWIDE HOME LOANS SERVICING LP
F/K/A COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
vs.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record Owner(s))
804 South Humer Street
Enola, PA 17025
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
No. 07-1249
COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME LOANS INC., Plaintiff in
the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of
execution was filed the following information concerning the real property located at:
804 South Humer Street
Enola, PA 17025
1.Name and address of Owner(s) or Reputed Owner(s):
REBECCA A. SUSAVIDGE
3105,11 ou umer ee
Enola, PA 17052
BRYAN S. SUSAVIDGE
804 South Humer Street
Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
REBECCA A. SUSAVIDGE
804 South Humer Street
Enola, PA 17052
BRYAN S. SUSAVIDGE
804 South Humer Street
Enola, PA 17025
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
d?
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675 _
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
TENANTS/OCCUPANTS
804 South Humer Street
Enola, PA 17025
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unworn falsification to authorities.
DATED: April 17, 2007 Nte
GOLDBECK ERTY & McKEEVER
BY: Joseph . Go dbeck, Jr., Esq.
Attorney for ' iff
??
ILn
C.]
07-1249
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS SERVICING LP
F/K/A COUNTRYWIDE HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
VS.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
Mortgagor(s) and Record Owner(s)
804 South Humer Street
Enola, PA 17025
Term
No. 07-1249
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WELL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SUSAVIDGE, REBECCA
REBECCA A. SUSAVIDGE
804 South Humer Street
Enola, PA 17052
Your house at 804 South Humer Street, Enola, PA 17025 is scheduled to be sold at Sheriffs Sale
on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of $93,827.02 obtained by COUNTRYWIDE HOME LOANS SERVICING LP
F/K/A COUNTRYWIDE HOME LOANS INC. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
To prevent this Sheriffs Sale you must take immediate action:
07-1249
1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS SERVICING LP
F/K/A COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866413-2311
and
2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
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.
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 the Sheriff of 717-240-6390.
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 within thirty (30) days from the
date of the Sheriffs Sale. 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 filed.
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 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.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
07-1249
Resources available for Homeowners in Foreclosure
ACT NOW!
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-243-9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention(agoldbecklaw.com.
Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of CWD-7395.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
p
io
ram t
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01249 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COUNTRYWIDE HOME LOANS ET AL
VS
SUSAVIDGE REBECCA A ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SUSAVIDGE REBECCA A the
DEFENDANT , at 1847:00 HOURS, on the 12th day of March 2007
at 804 SOUTH HUMER STREET
ENOLA, PA 17025
by handing to
BRYAN S SUSAVIDGE, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 18.00
14.40
?r r
o??
Affidavit .00 j
+
Surcharge 10.00 R. Thomas Kline
.00
42.40./ 03/13/2007
GOLD13ECK MCCAFFERTY MCKEEVER
Sworn and Subscibed to ,#'61 By:
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01249 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COUNTRYWIDE HOME LOANS ET AL
VS
SUSAVIDGE REBECCA A ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
--T[1T Tl('n nn%7A AT Q the
DEFENDANT , at 1847:00 HOURS, on the 12th day of March
at 804 SOUTH HUMER STREET
ENOLA, PA 17025 by handing to
BRYAN S SUSAVIDGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 6.00
.00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00
03/13/2007
to GOLDBECK MCCAFFERTY MCKEEVER
Sworn and Subscibed to 3jg0*1 By:
before me this day Deputy Sheriff
of A.D.
y ..
1
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS
SERVICING LP F/K/A COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
VS.
IN THE COURT OF COMMON
PLEAS
of Cumberland County
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record owner(s))
804 South Humer Street
Enola, PA 17025
No. 07-1249
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended upon payment of your costs
only.
JOSEPH A. GOLDBECK, JR., ESQUIRE
? N
?
p
?' ?' -,-?
-_.,
r;?'
'
?' r_w
t -
-
-
;
.?- ??
ti
t
r-.
- •-r? ?'?
t _'
? ?
'
?? } -?t
__3 ("y'f
_- • • -=f
?._ ?,
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6312
Attorney for Plaintiff
COUNTRYWIDE HOME LOANS
SERVICING LP F/K/A COUNTRYWIDE
HOME LOANS INC.
7105 Corporate Drive
PTX C-35
Plano, TX 75024-3632
Plaintiff
VS.
REBECCA A. SUSAVIDGE
BRYAN S. SUSAVIDGE
(Mortgagor(s) and Record owner(s))
804 South Humer Street
Enola, PA 17025
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 07-1249
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
only.
Kindly Satisfy the Judgment in the above captioned matter upon payment of your costs
JOSEPH A. GOLDBECK, JR., ESQUIRE
( r•0 C7
p -Tj
Fil
w ?
/26/2007 10:33 FAX 215 627 7734
GOLDBECK McCAFFERTY
GOLDBECK McCAFFERTY & McKEEVER
A PROFESSIONAL CORPORATION
SUITE 5000 ¦ MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHiLADELPW, PA 19106-1532
(215) 627-1322
FAX (215) 627-7734
April 26, 2007
I.QI U U
Cumberland
R. Thomas Kline
SHERIFF OF CUMBERLAND COUNTY
Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
FAX 717-240-6397
BOOK WRIT
RE: COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME LOANS
INC.
vs.
REBECCA A. SUSAVIDGE and BRYAN S. SUSAVIDGE
Term No. 07-1249
Property address:
804 South Humor Street
Enola, PA 17025
Sheriffs Sale Date: September 05, 2007
Dear Sir/Madam-
Kindly stay the Sheriffs Sale with reference to the above-captioned matter and return any unused
costs. I collected $4,389.36 towards my client's debt-
Thank you for your cooperation.
V ry I
PH A. G ECK, JR.
JAG/jc
cc: Shirley Taggart
COUNTRYWIDE HOME LOANS INC.
Acct. #9003265