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Home My WebLink About03-0521GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 Plaintiff VS. ROSE C. SULLIVAN JERRY J. SULLIVAN Mortgagor(s) and Real Owner(s) 28 Kensington Drive Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 0.~ -.5"',,~. / CIVIL AC't'~ON: M()i- ~, , :i:~ ~ORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in corot. If you wish to defend against the claims set forth in thc 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 forfia against you. You are warned that if you fail to do so the case may proceed without you and a judgment my 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 fights importsnt to you. YOU SHOULD TAKE THIS POPER 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 CUALQU1ER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGHIR 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. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERV1CIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is NATIONAL CITY MORTGAGE COMPANY, PO Box 1820, Dayton, OH 45401-1820. The name(s) and address(es) of the Defendant(s) is/are ROSE C. SULLIVAN, 28 Kensington Drive, Camp Hill, PA 17011 and JERRY J. SULLIVAN, 28 Kensington Drive, Camp Hill, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On June 03, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1548 Page 356. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due October 01, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 09/01/2002 through 01/31/2003 at 7.5000% Per Diem interest rate at $14.10 Attorney's Fee at 5.0% of Principal Balance Late Charges from 10/01/2002 to 01/31/2003 Monthly late charge amount at $24.47 Costs of suit and Title Search Escrow $67,699.14 $2,157.30 $3,384.96 $97.87 $900.00 $74,239.27 $0.00 $74,239.27 The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $74,239.27, together with interest.at the rate of $14.10, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. G~LDBE~/K McCAFFERTY & McKEEVER B~: JosE~i A. GOLrmEC}C, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Anita Holbrook , 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 unswom falsification to authorities. Anita Holbrook National City Mortgage Company L3ens And Th3ngs flr Z84 5.504 ~'3&l"e--'15-03 071~'4A T'i'-",l.c_y T~tdatts 13,.03 RECEZVED DATE : 01/15 07:2,8'03 FROI, I :7178:582625 IVIortgage December 04, 2002 Jerry J Sullivan 28 Kensington Dr Camp Hill PA 17011 EXHIBIT A National City Mortgage Co. 3232 Newrnark Drve · Miamisburg, Ohio 45342 Telephone (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 Loan No. 936522-2 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 28 Kensington Dr Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 10/01/2002 12/01/2002 and the following amount(s) are now past due: Monthly Payments Late Charges Other Fees Less Suspense Balance Total Due 1,541.79 1,468.38 65.01 8.40 .00- YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (DO not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,541.79, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR672 GMI Page 1 ACT 91 NOTICE Mortgage National City Mortgage Co. 3232 Newmark Drive · Miamisburg, Ohio 45342 Telephone (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 December 04, 2002 Rose C Sullivan 28 Kensington Dr Camp Hill PA 17011 Loan No. 936522-2 Current Servicer: National City Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 28 Kensington Dr Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 10/01/2002 - 12/01/2002 and the following amount(s) are now past due: Monthly Payments Late Charges Other Fees Less Suspense Balance Total Due 1,468.38 65.01 8.40 .00- 1,541.79 Y0U HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,541.79, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: National City Mortgage Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) DR673 GMI Page 1 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER_'.S MORTGAGE A~SSISTANCE PROGRAM (HEMAP) may be able .to help save your home. This Notice explains how the program works. .To =cc if HEMAP can help, you mlfst M_EET WITH A CONSUMER CREDIT COUH. SELING AG_ENCY WITHIN 30 DAYS_OF T_HE DATE'OF THIS NOTICE. Take this .Notice with_ you whe_n you meet --with the Counseling Agency. The name address and hone number of Consumer Credit Counselin A encies .serving your.County are included with this Notic__e. If you have any questions, yo~u may call the_Pennsylvania Housi_ng Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearinq can call (717) 780-1869). This Notice contains importar~t legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO PeR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM _'YOU MAY_BE E__LIGIBLE FOR_~FINANClAL ASSISTANCE WHICH CAN SAVE _YOUR HOME FROM FORECLOSURE AND HELP-YOU MAK~EE F~-~TURE ~ORTGAGE PAYMENTS,_ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a tempo- rao/stay of foreclosure on your mortgage for thirty (30) days from the date of this No- tice. During that time you must arrange and attend a "face-to-face" meeting with one of .the consumer credit counseling agencies listed at the end of this Notice. THIS MEET- lNG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGI- .UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORT GAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencie,,; for the county in which the property is located are set forth at the end of this Notic,,. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. .AGENCY ACTIO~N - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. - The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) IF YOU DO NOT CURE THE DEFAULT(see page 1.)- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise ri_qhts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to stad legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, YOU will not be required to pay attorney's fee,% OTHER LENDER REI~,EDIES-The ender may also sue you personal!?, for the ur;paid principal balance and all other sums due under the mortgage. .RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriff's Sale. Youma doso b a in the totalamount then asr due lus an late or other char es then due reasonable attorne's fees and costs co_ nnected with the foreclosure sale and any other costs connected with the SherifCs Sale as specifie'----d i. .writin.q by the lender and by performin.q any other requirements under the mortgag¢~. Cur- ing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S ,~ALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the modgaged pro~)erty could be held would be approxi- mately FOUR(4) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent 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 time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: National City Mortgage Address: 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1-800-523-8654 Fax Number: (937) 910-4057 Contact Person: COLLECTIONS DEPT. EFFECT OF SHERIFF'S SALF - You should realize that a Sheriff's Sale will end your ownership of the modgaged property and your right to occupy it. If you continue to live in the property after the SherifFs Sale, a lawsuit to remove you and your furnishin9 and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGF - You may or may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the out,standing payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSO 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. TO HAVE THIS DEFAULT CURED BYANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF DEFAULT IN ANY FORECLOSURE PRO- CEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCU- MENTS. TO ASSERTANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff NATIONAL CITY MORTGAGE COMPANY PO Box 1820 Dayton, OH 45401-1820 VS. ROSE C. SULLIVAN JERRY ]. SULLIVAN (Mortgagor(s) arid Record owner(s)) 28 Kensington Drive Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-521 PRAECIPE TO DISCONTINUE A~.D END TO THE PROTHONOTARY: Kindly mark yc~ur costs only. the above case Discontinued and Ended upon payment of , JR., ESQUIRE SHERIFF'S RETURN - REGULAR CASE NO: 2003-00521 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS SULLIVAN ROSE C ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SULLIVAN ROSE Cthe DEFENDANT at 28 KENSINGTON DRIVE , at 1959:00 HOURS, on the 5th day of February , 2003 CAMP HILL, PA 17011 by handing to JERRY J SULLIVAN, 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: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this '7~ day of ~ &2~-,~ A.D. ~ ~rothAhotary So Answers: R. Thomas Kline 02/06/2003 GOLDBECK MCCAFFERTY MCKEEVER SHERIFF'S RETURN - REGULAR CASE NO: 2003-00521 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CO VS SULLIVAN ROSE C ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SULLIVAN JERRY J the DEFENDANT at 28 KENSINGTON DRIVE , at 1959:00 HOURS, on the 5th day of February , 2003 CAMP HILL, PA 17011 by handing to JERRY J SULLIVAN 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: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~- day of ~ ~/~ A.D. / ' Prothonotary/ So Answers: R. Thomas Kline 02/06/2003 GOLDBECK MCCAFFERTY MCKEEVER y ~her~f/~