HomeMy WebLinkAbout98-01271
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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
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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
.
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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