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HomeMy WebLinkAbout00-08216 COLUMBIA NATIONAL, INCORPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. Defendant ACTION OF MORTGAGE FORECLOSURE fl.. (J() - 'i.:2 / <-<, C<.:x..e "'.u- ROBERTA M. KLEIN 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 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 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 LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VI SO 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 A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 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. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 >'11."", ',,_ " "" ,,-- , , -.., COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERTA M. KLEIN , CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff ,--~ _~I '.,= < - ~ .,. - ~ '" . , COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Defendant ACTION OF MORTGAGE FORECLOSURE &"fJ1J. J 2/(. CwJ I.b-- ROBERTA M. KLEIN, COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, ROBERTA M. KLEIN, is an adult individual, whose last known address is 4830 BRIAN ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, April 9, 1999, the said Defendant executed and delivered a Mortgage Note in the sum of $92,800.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1533, Page 250 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 4830 BRIAN ROAD, MECHANICSBURG, PENNSYL VANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. ,al;jl - " =< ~~ 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $17.60 per day From 06/0112000 To 12/0112000 (based on contract rate of7.000%) $91,775.62 $3,220.80 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $167.81 Late Charges at $30.23 Per Month for 6 months $181.38 Escrow Deficit $75.34 Attorney's Fee at 5.0% of Principal Balance $4,588.78 $100,009.73 **Together with interest at the per diem rate noted above after December 1,2000 and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. -;~~'''''-''''''''''~-,-"i'"'.V __'.,., ,.---, , r I I ,~ " 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.000% ($17.60 per diem), together with other charges and costs including escrow advances incidental thereto to the heriff s Sale and for fo closure and sale of the property within described. B~ G & HALLER Leon P. H ler, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) ;'T)~" . t _.._. ,., 'C'" , ~rr' , ,< , ~ ." II T ~, 03802279 Multistate NOTE FHA Case No. 441-5942819-703 April 9, 1999 (Date] 4830 Brian Rd. Mechanicsburg, PA 17055 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means l' Columbia National Incorporated and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Ninety Two Thousand Eight Hundred and 00/100 Dollars(U.S. $ 92,800.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven and No-Thousandths percent ( 7 . 000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured. by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender.Jrom losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time ' Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on , 1999 . Any principal and interest remaining on the first day of May , will be due on that date, which is called the "Maturity Date." Place Payment shall be made at P.O. Box 3050, Columbia, MD 21045 -6050 or at such place as Lender may designate in writing June 1. 2029 (B) by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 617.41 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenanis of this Note as if the allonge were a part of this Note. [Check applicable box] DGraduated Payment Allonge DGrowing Equity Allonge DOther [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment. there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. ~xhibit "A." 1111111111111111111111111111111 1II1 ~ FHA Mult.istate Fixed Rate Note - 10/95 ~-1R(9601) ___ @VMPMORTGAGEFORMS-1800)521-7291--')./ Page 1 of 2 'nitia'4 j)} SJ- -~~,",........." -'~r".'''-~!~''! ~r'r "n ~ ~~"~'. "" 6. BORROWER'S FAILURE TO PAY (A) Late Charge for .overdue Payments If Lender has not received the full monthly p~yment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of ftfteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No-Thousandths percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does notauthori!e acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. . (C) Payment of Costs and Expenses If Lender has required iIIlI11ediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note tothe extentnotprohlbited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing,,;t by tirst class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail,to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made ,in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to thete t/----- / .) ~~. covenan:p.ontaI~n in this Note. I /_ , .~ U ;nv-44 ~,-. - ; I;; (Seal) "~-t-L c.1. (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower ~Bo'rrower (Seal) (Seal) -Borrower ~Borrower G.1R(96011 '" Page2of2 -~ " 15"" ',I' ,'r-, ~.I 1 I~~ ... ,"LEGAL DESCRIPTION" ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1966. EEGINNING at a point on the southerly line of Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five (85) degrees Thirty (30) minutes east Fifty-six and Sixty-four one-hundredths (56.64) feet to a point; thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same south four (4) degrees Thirty (30) minutes west One Hundred Forty-six and Thirty-nine one-hundredths (146.39) feet to the northerly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two (32) minutes eleven (11) seconds west thirty and twenty-three one-hundredths (30.23) feet to a point; thence north twenty-five (25) degrees fifty (50) minutes five (5) Seconds west Sixty-nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30) minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGINNING. EEING Lot No. 48, Block Don Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Brian Road. BEING THE SAME PREMISES WHICH Joseph R. Fink, single man by his deed dated April 9, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Roberta M. Klein, a single person. // State of pennsylvania} County of Cumberland 86 (!eco,oed in sce for the recording of De ads e in and f . erland County, ~O i. 800 Vo.~Pag~ (}o, wit, s my hand I of 011 c ..~] I Carlisle, PA thO day 0 1 ~\- ... Bood533 PAGE, 258 ~- l'~~ '''I 'I ~- ,~ I-I ....,., ...,~~"""~=--. ~- . . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff COLUMBIA NATIONAL, INCORPORATED said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 17, 2000 Leon P. Haller, Esquire ~", .. . ", SHERIFF'S RETURN - REGULAR CASE NO: 2000-08216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS KLEIN ROBERTA M DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KLEIN ROBERTA M the DEFENDANT , at 0019:58 HOURS, on the 8th day of December., 2000 at 4830 BRIAN ROAD MECHANI CSBURG , PA 17055 by handing to ROBERTA M. KLEIN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.88 .00 10.00 .00 42.88 ~~~~~~! R. Thomas Kline 12/11/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: ~~~~. Deputy Sheriff~ me this /;;'5:: day of ~~ AD \ <-. t2 Jk,ffi-v, # r thonotary . ...,1 ~"""T 'I I-I .".., -- ,< COLUMBIA NATIONAL, INCORPORATED: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. NO. 00-8216 Civil Term ROBERTA M. KLEIN DEFENDANT CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER By: Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: February 1. 2001 '~'l'Jw~ ", ._ ., < ... , . ,~ "? .,,- " lil ~"' "'''''', . - '.",.. ,,-, ",. '__-''',,;I;'I~'"_vn --,~ [lit' :~-'ftJlff ' -1~(,,&,;,c"1;fI~fjl:;:-'iY :i;ilif{W:~_;i0-- -') , 0 co 0 c $: -n '"Or(' .." nl,'T;. P1 7~C' ,Xl 21:=--::- ~J C/) ;.~." "'-~- ~~5 '" :E :',,1 if;~? - ~-,) '='. " Z ~:~.; ~ ):--; r,,) ::;:J -< ." [~U~~II!!l]tJ _.,,"_,...~,.j,!i>,\,!("j;#/l.Mm'Jl11!f;""'-"'f>;'I""1"'-~'\;:',W.'$<)!l_ffll_'I'1'1ll'~'ffll!l!'.'ifflilM!'mJ)!<ffW,''ffliiW$'l<i,1Ri~'l-~ffi~~,,"