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HomeMy WebLinkAbout98-04433 I ~ \...1 ~l 'tl ~1 \/)1 ......JJ ~~" . t1:('b ... . .:)~:'~ S).,. WI"',, It u 'i.:,; c.J .~, .::. ~ ... '-.9~ I , I 1 I tl ~.\ I I , _1 , , .:'J ... G' I .! t") t<') '::J-.l :J--l .I ~j ~l ~, I I \ \ \ \ I , ! i j 6. The fOllowing amounts are due on the mortgage: Principal Balance Interest 3/1/98 through 7/1/98 (Per Diem $10.16) Attorney's Fees Cumulative Late Charges 6/9/95 to 7/1/98 Cost of Suit and Title Search Subtotal $36,586.03 1,249.68 1,000.00 66.52 550.00 39,452.23 Escrow Credit Deficit Subtotal TOTAL 14.84 0.00 (14.84) $39,437.39 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser 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. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). O?~PA6 NOC0102 o~)1une~ 1996 ~, GEe.II/itlll IIOTICE OF INTENTION TO FORECLOSE - MORTGAGE- UNOER-SECTION--403 OF PA lif iid'lfi/1f/:J~/'i,'tJi/ Ct"1lJi'4\ (READ BOTH PAGES OF THIS-NOTICE CAREFULLY.) ANGELA K SWARTZ 617 FACTORY ST CARLISLE, 17013 RE. GE LOAN # 0016651622 PROPERTY 617 FACTORY ST CARLISLE, PA 17013 MORTGAGEE. G.E. CAPITAL MORTGAGE SERVICES The Mortgage held by the above named Mortgagee (hereinafter we, us, or ours) on your property noted above is in serious default because you have not made the monthly payments as noted below under (a). Late charges under (b) and other charges, if any, under (c) noted belOW, have also accrued to this date. The total amount now required to cure this default as of the date of this letter, ie noted below under (e). (a) 040196 thru 060196 @ $431.93/month $1,295.79 (b) Late charge(s): $49.69 (c) NSF check charge(s): .00 (d) Less. Credit Balance 155.12 (e) Total amount required as of this date. $1,190.56 You may cure this default within THIRTY (30) days of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be either by cash, cashisr's check, certified check, or monsy ord3r made payable to G.E. Mortgage Services, 625 Maryvil1e Centre, st. Louis, MO 63141, Attention: Cashiering Department. If you do not cure the default within THIRTY (30) days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days, we also intend to.instruct our attorneys to start a lawsuit to foreclose your mortgage property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we rsfsr your case to our attorneys, but you cure the default before thsy begin lsgal proceedings against you, you will have to pay ~he reasonable attorney's fees actually EXHIBIT A D., ,. PA6___NOC0102 o une,4, 1998 ~ GECaflilo1/ NOTICE OF INTENTION TO FORECLOSE MORTG!\CE UNDER-SECTIorr403 OF PA JEi~"Ntl'!"I'!lI"o1i"f~7'Ji\ (READ BOTH PAGES OF THIS NOTICE CAREFULLY.) ANGELA r. SWARTZ 40 SMITH RD. NEWVILLE, PA 172419505 RE: GE LOAN' 0016651622 PROPERTY 817 FACTORY ST CARLISLE, PA 17013 MORTGAGEE: G.B. CAPITAL MORTGAGE SERVICES The Mortgage held by the above named Mortgagee (hereinafter we, us, or ours) on your property noted above is in serioue default because you have not made the monthly payments 8S noted below under (a). Late charge. under (b) and other charges, if any, under (c) noted below, have also accrued to this date. The total amount now required to cure this default as of the date of this letter, ie noted bolow under (e). (a) 040198 thru 060198 I;J 5431. 93/month 51,295.79 (b) Late charge(e): $49.89 (c) NSF check charge(s): .00 (d) Less: Credit Balance 155.12 (e) Total amount required as of this date: $1,190.56 You may cure this default within THIRTY (30) days of this letter by paying to us the amount under (e) above, plus any additional monthly payments and late charges (and other charges) which may fall due during this period. Such payment must be either by cash, cashier's check, certified check, or money order made payable to G.E. Mortgage Servicee, 625 Maryville Contre, St. Louis, MO 63141, Attention: Cashiering oepartment. If you do not cure the default within THIRTY (30) days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days, we also intend to instruct oui: attorneys to start a lawsuit to foreclose your mortgage prope"ty~ .If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings EXHiBrr A ag.- t you, you will have to pay the reaeonable attorney's foes actually .. \ in' d up to $50.00. Howover, if legal proceedingo are started against yo~~ ou will have to pay the reasonable attorney's foos oven if they are over $50.00. Any attorn.y's fees will be added to whatever you oWM'I!f!flitul which may also include our rsasonable costs. If you cure the default ---'within'ths'THIRTY(30) day period, 'you will not be required to pay t. I1E ':,I/IIt,,1 Mmt;l"'Jt' SC,'lVICI1.'1. ,'lit:, at orney's .ees. Alao, we may sue you personally for the unpaid principal balance, and all other IWU due- under thl Ilortgage. It you have not cured tho dsfault within the thirty day period, and toreclooure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the aheriff's foreclosure sale. You may do so by paying the total amount of tho unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney'e fees and coets connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earlieet date that such sheritf's sale could be held would be approximately FIVE MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of the eheriff'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 will be by calling us at he following number:l (800) 317-4322 . Thia payment must be in cash, cashier's check, certified check, or money order and made payable to us at th.. addreu etated above. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to payoff the mortgage debt, or borrow money from another lending institution to payoff this debt (you may have the right to sell or tranefer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, attorney's fees and costs are paid prior to, or at the sale and that other requirements under the Mortgage are eatiefied). Contact ue to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right more than three times in a calendar year. Very Truly Yours, 16651622 Jackie Carter, Loan Counselor 1 (800) 317-4322 The following disclosure is required by applicable federal and state law for cereain loans that we service: This communication is from a debt collector and is an attempt to collect a debt; any information obtained will be used for that purpose. ~XHm~r A ,. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF " GE CAPITAL MORTGAGE SERVICES, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. ANGELA K. SWARTZ NO. 98-4433 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby ver if ies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are 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 Act of Congress of 1940, as amended. (b) that defendant ANGELA K. SWARTZ is over 18 years of age and resides at 297 SHED ROAD, NEWVILLE, PA 17241. C.S. This statement is made subject to the penalties of 18 Pa. section ,SO, cel,tin, to ,n"wacn J(;"ific,tian to "thacitiee. NlJ ~)v(h~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >- ,,::) 2.:: (~~ c ;~; ~ n ("'": ;.~S ~ U.l>;" ~){ -' ",- F~ .~ .". ". '.-- "' ::J n l,~' >. ,. >~ ell ~.... L:~ ..., .:S 1,1..: , ;~I ,,:- ft l:. :;::.--. tLl L~ (T,; G- ,. :.~>.;. .-. ,> G:: :':', (5 0 u "." ',J >- \1) CC " C j.7:. UJ~-J (.~ ) C.) ;".:. , > G.::./ . !:: , , e.... (;!j~" , :',-~ i ( ~~ .. C'~; '" :z ~,~: I , ::-.. , ~ r:-' C~ ,:j ~-.t! .'. lL c.:; ~...J () c", U '",,-., ~j 1 ~ .j ./ ~ ~ \ ~ -- J ~ .,l ~ --- \ ~ -.Q ~ f~~ ~ ~ ~ d t ~~~ \J~ _.__...r , 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. (215) 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland County Courthouse CARLISLE, PA 17013 (7l7) 249-3166 (800) 990-9108 '- c-. ,- E:; c C l.,. ;::.; o" ~.- i I.Ij (-, ("; ~ ( ) . [ L ( ..' /) ; CL~ n~ ;] T ::: _o' ; [.? c) ~ /.:. u: ~ ; " ,~ i] (iJ F-: c. el.- ,-'- C~ ~5 () m U (, ",._,. . '.. r-- '- 6:; c: l;; is ~? (-) C"; ., ~f';: " G.. .., ',' ~15;-': - , ',:J c.~C . 'UJ I.!"}:: :! ~~; cfl: . ::" i"jtb - ..,; ~,:;' ~:J L:t- r- , IJ. !..--:) ':5 c' Co, 0 - .- r-- f::: r.-: c j2; 2:- lLl ~~ r. , Ci '-) . f:i: '. : .. J ,....- .1.. i'; c.:... (.... ... l' F~': : - <::1 -. '.1' LL! L:.: ,;:~~ -, ~! ' -.c, , U.: .j ..J _l.. t,"' :'0 C1.... I -,' -~ I.L {~.:; :'3 CJ en () " ~ , ..~ ~. >- '"" ~:; UI(:', n?~?:' {-j;-;. - C' 6;, l.l..!r.. E2.~' - (- l.l Cl 1"'"- C f; c.~ ."" ~~~( (:..: :,~ ;:.J , .. ~;l :.:.!fJ .~.) G -." c! ~~. '.YJ ()-., - ~ ~ .~ ~ oJ Ii) \i- 10 ,"(, '~ ~ "< ~,I:'\) ~ ~ ~ Ck --s\' ~ .~ ~ ~..J '=.) --- ..-J r GE Capital Mortgage Services, Inc. -vs- Angela K. Swartz In thc Court of Common Picas of Cumbcrland County, Pennsylvania No. 98-4433 Civil Tcrm Brian M. Barrick, Dcputy Sheriff, who being duly s worn according to law, says on January 11, 1999 at 8:25 o'clock P.M, E.S.T., he postcd a copy ofrcal Estate Writ Noticc Postcr ami Description in the above entitled action upon the propcrty of Angela K. Swartz located at 817 Factory Street, Carlisle, Cumberland County, Pennsylvania according to law, Brian M. Barrick, Deputy Shcriffwho being duly sworn according to law, says on Janunry 11, 1999 at 7:35 o'clock P.M. E. S. T., he served a true copy of Real Estate Writ Noticc Postcr and Description in the above entitled action upon the within namcd dcfendant to wit: Angela K. Swartz, by handing to Evelyn Franklin, Grandmother at 40 Smith Road, Ncwvillc Cumbcrland County, Pennsylvania, its contents and at the same time handing to her pcrsonally thc said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says hc scrved thc within Real Estate Writ Notice poster and Description in the following manncr: Thc Sheriff mailed a notice of the pendency of the action to the within named defendant Angela K, Swartz by regular mail at her last known address 40 Smith Road, Newville, Pennsylvania. This Icttcr was mailed under the date of January 12, 1999 and never returned to the Sheriff's Officc, Wesley Cook, Deputy Sheriff, who being duly sworn according to law, says on March 18, 1999 at 2:22 P,M. EST, he served a true copy of Real Estate Writ Noticc and Dcscription in the above entitled action upon the within named defendant to wit: Angela K. Swartz, by handing to Evelyn Franklin, Grandmother at 40 Smith Road, Gardners, Cumberland County, Pcnnsylvania, its contents and at the same time handing to her personally the said truc and attcstcd copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after duc and legal notice had been given according to law, exposed the within dcscribed prcmiscs at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania, on Junc 9,1999 at 10:00 o'clock A.M.E.D.S.T, and sold the same for the sum of $ 1.00 to Attorney Danicl Schcmig for Federal national Mortgage Association, Its successors and assigns. It being thc highcst bid and best price received for the same Federal national Mortgage Association, 1900 Markct Strect, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 686.005 it being sheriffs costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail 30.00 13.46 15.00 15.00 30.00 10.00 .50 1.00 9.92 1.04 " . 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 ~OUR 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. (215) 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 3. The sa Ie wi 11 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland County Courthouse CARLISLE, PA 27023 (727) 249-3166 (800) 990-9108 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Rct No.587. RDDroued MQU 16. t 929 Commonwealth of Pennaylvanla, County of Dauphin} 88 MIchael Morrow bei.ng duly sworn accordi.ng to law, deposes and says: That he Is the Assistant Controllsr of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since: That the printed notice or publication which Is securely attached hereto Is exactly as printed and published In their regular dally andlor Sunday and Metro editions/Issues which appeared on the 26th day of January and the 2nd and 9th day(s) of February 1999. That neither he nor said Company Is Interested In the subJect matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the Office. for the Recording of Deeds In and for said County of Da ~In in Miscellaneous Book "M", Volume 14, Page 317. /.. , J:& PUBLICATION ~l!1Jl;j/~ COpy S ALE #5 ." ;;O::6if'ifEAL' ESTATE SA No. 5:. .P,.". ". 8lA"'" I'IIT . ('~.i.'.!F\N,.ltNC);,!!",,""","" ,:'i!<!.', v.,' erT.,,"'" "',..{ , . ",G'E',C,t1"lfCllr<(lo gage "":"'~ :, ,', . e~r &.1'11\ ,,,,,,,..,"1""'" .' C I' ,~~:~~[~:'Q;;U~i~;;;f.'~::' ~riZ, Sworn to Member, Pennsylvania .A,ssocialion of No!ane5 My commission expires June 6, 2002 ..."~ ..:.:::;.;~, ..~..' '!~E""" ;~" . . ti). i'\JN. .'., . '. .\ :': .' , '9~', hereonierecled,'sltUote:: ':lln, h6'~lttltWarCl'oftl'lEiB9foUgh 'of,Carl',', t,( IsIEi;'CUmbe~and^County;'pennsylyanla',' h,mor!l~,partlcula!lv,,\ba.Unde,d::tand, , 'de. SC~. .b6cl'asfoIlO~:' ,.,.^.h,,',~"::"'.'.'" ""',,'''': ;i~;lie,EGiNNIN.Gi,ot'". Poln.l'e;n';ttie' E(lSi,~ "side ,otJactpry"S.tr&at:ot:Jhe ,comer"Of" ::;..p.ra~tfli.)n, ,0!N,oa.riln'. e,'of,','~:A,/.Lac ke.. .Vi'. !, oEiceasool ;"jhenC/ ::Southward' along (, "fO^c.loty,stre'!ta,dl once. of 16'1/2 feel; .:' /rnorE!':,or~ lessi', 1000lt,e:,lIne :of., .101 naw;or', \lote.""of"'B;f;:I:Loc~ aYf{:9Iso\daceasediJ \thence;EaStWard ; ,'o",once::ol .90:100.1', !:foid'po/nl:on,lhe: IIne:;of,l?ropertvinow:', . . . ,rorJlatE!':of;~,Ai\LollkeV}..deCE!Osed;:soldi)her' a Rece~pt for Advert~ a~ng Coat . "polnl:belng :alsa:lrii line '01 propertY, noW:1 "ort"lole'"6f:"e:Fc"LcickeV/'deceasedi',;, of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general 'thence Northward,J6-1/2 feet. more or .. f h f 'd . d .. d 'f' h h '.,less..lO th, e,Une:ofproperty,now or late:;",elpt 0 I e a oresal notice an publication costs an certlles t at t e same have . Of 5019 tl.A.oLackey.:deceosed; thence; THE PATRIOT-NEWS CO :.wes1Ward;'1OJe~!:Iolhe point a.fbegln;. . (.tnlng; ond,:\'.::'y,:;,y,~:',r-:;,,-,:\:'::-::';:i'_':;', ':_,';.::",:r</-~:::;_!:, .;'i;Nf:!\ VING;,.theieon'! erecled;,a ::Jwo:: "slory,frame' dWelling house known' and . '::nUmbered'cis 817 flac.lory,Streel;{'",::":',,: ,';m:",T ax):.:Parc'E!'1 \"#06-19d 643"225,' ,:.i':',~:(rmE ,ro.:.SAIDPI.M, ISESIS IiE.S,TEDiIN';'. : Angela' Ki SWartzlSlngle: Woman' by' ,Deed',from.Mobel.. .',Common/dated ,6/9/95 cind.recorrJed:6/9/95:.ln' Deed . \.BookJ,23 poge409.,..':;>,'~.. :. CUMBERLAND COUNTY SHERIFFS OFACE COURTHOUSE CARLISLE, PA. 17013 Statement of Advertisina Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 243.38 1.50 244.88 By.......................................,.............................