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HomeMy WebLinkAbout98-01271 ,~' 1. Plaintiff is CAPSTEAD, INC. 2711 NORTH HASKELL AVENUE SUITE 1000 DALLAS, TX 75204 2. The name(s) and last known addressees) of the Defendant(s) are JOAN APPLETON JONES 53 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1/6/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PHH US MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1191, Page 742. By Assignment of Mortgage dated 9/16/94 the mortgage was assigned to WEYERHAEUSER MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 487, Page 716. By Assignment of Mortgage recorded 6/4/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 521, Page 600. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/97 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." .DOCSEp. 1II1IIIII January 5, 1998 Joan Apple Jones 53 Honeysuckle DrIve Mechancsbrg. PA 7055 Re: Capstead Loang: 0653056838 Property Address: 35 South 22nd Stre Camp HIll. PA 17011 Dear Joan Jones: A default exIsts under the above referenced Mortgage/Deed of Trust loan agreement. The actIon requIred to cure the default Is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. 3 payment(s) of $777.49 have not been made. Late charges (and other charges) may have also accrued to thIs date: current late charge(S) - $58.04. deferred late charge{s) - 0.00. NSF feels) . 0.00. or aeferred NSF fee(s) - 0.00. The total amount now requIred to cure thIs default as of the date of thIs letter Is $2390.51. This amount Is subject to further increases for addItional Installments. interest accruals. attorney fees. and/or other charges becomIng due after such date. To obtaIn the exact amount due on tne date of the proposed payment to cure the default contact should be made with Default Management at 1-800-440-0546. YOUR PAYMENT MUST BE HADE WITH CERTIFIED FUNDS AND MAILED T06 CAP STEAD INC.~ C/O DEFAULT DEPARTMENT, 2711 N. HASKELL, SUITE 100 . DALLAS. TEXA~ 75204. . If the default Is not cured by such payment within thirty(30) days of the mailing of this letter. the lender. wIthout further notIce or demand, will accelerate the maturIty date of the Note and declare all sums secured bY the Mortgage/Deed of Trust to be ImmedIately due and l1ayable. The lender then Intends to have the property sold at a publIc foreclosure sale, After acceleratlonL a curing of the default and reInstatement of the loan wIll be perml.ted up to the tIme of the sale by payIng the past due installments and other sums then due under the Mortgage/Deed of Trust loan agreement and by complyIng with all terms of reInstatement, You have the rIght to brIng a court action to assert the nonexIstence of a default or any other aefense that may exIst to prevent acceleratIon and sale of the property, . SI ncerel y. CJ.,jj J1A.tt~ J;t, H'[~l ea Default Management " EXHIBIT A' ':? " ... FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CAPSTEAD, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. JOAN APPLETON JONES CUMBERLAND COUNTY NO. 98-1271 CIVIL TERM Defendant TO: JOAN APPLETON JONES 53 HONEYSUCKLE DRIVE MECHANICSBURG, PA 1~055 DATE OF NOTICE: FILE COpy APRIL 17. 1998 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 Pfdwlt q,.A'1-lwt~ Frank Federman, Esquire Attorney for Plaintiff .', ,0.. "'".. I ~ .....,"'" yqua ].Rl p ;o~ It- ~ (; g (]1 b [ ..J b 0 0 -f.. .., <2-. -, ..l- ~ h C1 p- ~ ~ .Ql ~ .() d,) (') c s: "'t1CP (YICf-1 (fJ' ~~: .0 ~;-. ~...., 8 ~;c' ~~~, -' 1L >~ j ~ \.0 ~ 0:> ,r_ ':jJ 1:'- cii~ -: I :n~ CJl (:J( :::Joa """ "'-' .- ':.:)~o) ,- .,::. n N ~ .. "To. 0 ::0 ...... -< '". -, '.' bj.d. d ~< . z OC';" ~ < o;i Oz 0 :- ,,, . i~ . cn< - " :- . ; F !~ . <> ;:) " . 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()In:o, -< ,:~'i ::!J .....~:u -~C I o:lFTi v1.,~: U1 '.'6 ~ ... 6 r=c.:J :r; ('") -0 ~"Tl :!: . --!J -/0.. \,:.,)h '~Cl ~...c 1'3 2m Z .. ~ ~ => ~ -.I I \ i ! , \ I \ I I' g '.J:J ,~ 0:> - - 1 0- - ~(c 'J;'" --n;:!l 0.'11' '-< z:::i1 , _"h1 'z,C 1:\% CfJ <~ U\ ~t.;j ..., ~?a ~:;CJ :;J:: t;.}n ~C.) i9 or" PC -., ~ :::> ~ OJ ;<: ... ('") cO 0 C CO ., :.-:'. ::J: =r.!:n "nf:3 ;l>> nlfr, -< rn~ ~'.n ;;:.t.~. I ."'\? co (iJ: ~.:: Ul 0 f;(j "T.l -I~ ?~('") :T: :!J ::!:: Qo ...n ~ ~rn ):>oc: S1 :r.: ::> ~~ --j ~ ..... eX) ..... 2 U) ~ Ol -o~ -;r. :i~ CiJU-' ~ ,n~ ;/:~ ...1 , ~'~ "7~' ':"1.:} (1l.:~ c.n ':'-~( ~.". r2. c: -<J ,.j:t\ :r~c, -,- - '_0 /..,t-' ~ e;m ~.:.c: -., 'Z 0 ?i1 ::< (l') ;<, .' 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 on page two 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 TAKE PLACE. 2. sale if of your If the Sheriff's Sale to the highest bidder. (2151 563-7000. You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. is not stopped, your property will You may find out the price bid by 1. be sold calling 3. The sale will go through only Sheriff the full amount due in the sale. happened, you may call (215) 563-7000. if the buyer pays the To find out if this has 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 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. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th floor Cumberland county Courthouse (717) 240-6200 . (") l.O ~ c: CX) ~ :r. -I -;) lJ.: "'" :I-:n rnlll -<: n1r- 2: :l.l I J3~ ~1~~~ Ul S:j 2;'::1 ""0 :;l-~ ~;() :x ~..1c (.::() is; ....'~rn .YC: SOl ~ ::::> S:i (X> '-< "l^ -.. "~.-".' '-'-"" -"'.",.. e.~,._ '''. g \.0 ~ Q) ;,- ::r.: --J -or'; :P i~;~ (!In' -<: ~:J) I .", :Z:C :Xl CfJ.t:': CJ1 ~( ~.'." ~r; :q .33 ;i:~o - 2~ ~f:1 1'5 :P'c:':: .. 9. ~ <=> ~ \0 - Capstead. Inc. 1:(/ In the Court of Common Pleas of Cumberland County, Pennsylvania No. 9B-L271 Civil Term 1 -vs- Joan Appleton-Jones R. Thomas Kline, Sheriff who being duly sworn according to law, says this writ is returned Stayed. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Certified Mail Levy Postpone sale Surcharge Law Jouranal Patriot News Share of Bills 30.00 1423.56 15.00 15.00 .50 1.00 12.40 1. 99 15.00 20.00 12.00 237.50 232.05 27.91 $ 2043.91 pd by atty 10-19-98 So ~<;~~~ Sworn and Subscribed To 8efore Me This :l..:l.oA.. Day of (j)~.. 1998, l\.D.-y~.., R '-M,~j,., ~ P othonotary 1 R. Thomas Kline, Sheriff By4~-,,_~ Real Estate Deputy t /,!,o{) " ... 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 on page two 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 TAKE PLACE. 1. be sold calling If the Sheriff's sale to the highest bidder. (2151 563-7000. 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 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 (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 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. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th floor Cumberland County Courthouse (717) 240-6200