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HomeMy WebLinkAbout01-0185 FX COLUMBIA NATIONAL, INCORPORATED F/KIA P AINEWEBBER MORTGAGE FINANCE, INe. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN1A CIVIL ACTION - LAW VS, Defendant ACTION OF MORTGAGE FORECLOSURE *Ol~ !L6a Crucl BARBARA A. MCCLURE TillS 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 Y Oll have been sned 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 offor 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 RAVE 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 . A VI S 0 LE RAN DEMANDADd 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 SERVInO 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 CUALQUlER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION, 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" (SERVIClO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 . =. ,~ ~~ I' ~~-,-~-- , ""-' COLUMBIA NATIONAL, INCORPORATED F/KI A P AINEWEBBER MORTGAGE FINANCE, INC" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE BARBARAA,MCCLURE, 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 ofthe 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, PA 17102 (717) 234-4178 Attorney I.D,# 15700 Attorney for Plaintiff ~ , I'. ~- I '" COLUMBIA NATIONAL, INCORPORATED FIKIA PAINEWEBBER MORTGAGE FINANCE, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE " -r- Th. 01- J ['5 &::.1 f~ BARBARA A, MCCLURE, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED FIKIA PAINEWEBBER MORTGAGE FINANCE, INC" is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046, 2, Defendant, BARBARA A. MCCLURE, is an adult individual, whose last known address is 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013, 3. On or about, June 22, 1993 the said Defendant executed and delivered a Mortgage Note in the sum of $52,400,00 payable to P AINEWEBBER MORTGAGE FINANCE, INC" which Note is attached hereto and marked Exhibit "A", 4, Contemporaneously with and at the time of the execution ofthe 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 1145, Page 882 conveying to original Mortgagee the subject premises, P AINEWEBBER MORTGAGE FINANCE, INC, is now known as COLUMBIA NATIONAL, INCORPORATED, The Said Mortgage is incorporated herein by reference, 5, The land subject to the Mortgage is: 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto, 6, The said Defendant is the real owner of the property, "!'''''''''r ~~ { <-' 1-- '"~-I ~_. ,1'1 ., , .~ J''''~~' 7, The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $48,143,98 Interest at $9.56 per day From 04/0112000 To 02/01/2001 ( based on contract rate of7 ,250%) $2,925.36 Accumulated Late Charges $165,09 Late Charges at $18,87 Per month for 10 months $188,70 Escrow Deficit $269.45 Attorney's Fee at 5% of Principal Balance $2,407.20 $54,099,78 **Together with interest at the per diem rate noted above after February 1, 2001 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 Sheriffs 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 judgement 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 ofthe 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, 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time ,~~ ~ I ~~ , ." 1" assistance, limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7,250% ($9,56 per diem), together with other charges and costs including escrow advances incidental thereto to the dat f Sheriff s Sale and for foreclosure and sale of the property within described, By" ELL, HALLER eon p, Haller, Esquire Attorney for Plaintiff LD, # 15700 1719 N, Front Street Harrisburg, P A 17102 (717-234-4178) :'-" T- ~ "~'Tlc' . I' '-I 11 ~,-..-._~c i~; - ~, .....-..._.-..~":- NOTE JUNE 22 ,1993 PA . . . DillsD.ur\!. . , .. ..' (City) (5....) 424 DOGWOOD CT,CARLISLE, PENNSYLYANIA 17013 .........,..,...,..,.......,.............~;...w;..;l........,.......... . 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $....**..........**.52,400. Oo:this amount is called wprincipan. plus iDtetest, to the order of the Lender. The Lender is PA I NFWEBB.ER MORTGAGE F I NANCE. I HC. I understand that the Lender may tranSfer Ibis NQte. The Lendf/;r or anyone who takes Ibis Note by transfer ahd who is entitled to receive payment1;underthis Note. is called the ~Note Holder.M 2.INTERESf Jnlerest Will be charged on unpaid principal until the full amount of principal has been paid. [ will pay intetest at a yearly rate of ***.7.250 '.I. The int:erea rate required by this Section 2 is the rate I will pay both before and after any default described in Seetl.on 6(8) of this Note. 3. PAYMENTS (A) TIlDe arui.PIllee of Payments I will pay-principal and interest by making payments every month. I wiU makemy monthly payments on the 1ST day of each month beginning on AUGUST 1ST 19 JiL... I will riJake these payment5 every month until I have paid all of the pribclpal and interest and any other charges descn"bed below that I may owe under this Note. My monthly payments will be appUed to interest before principal. U, on- .JUL V 1ST 2023 , [still owe 'amounts under this N~, I will pay those alnountS in full on that date,whichiscalledthewmaturilydate.w I will make my lnOnlhiy ..ymon~" p, O. BOX 905. COLUMB I A, MARYLAND 21044-0905 OlatadiffereJltplaeeifrequiredbythe Note Holder. (B) Amou.. ofMoilthly Payments Mymonthlypayt:nentwill be in the amount of U,S. $ *****....367.47 4. BORlt.OWER!S IUGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment. of principal only is known as II. Mprepayment. ~ When I make II. prepayment, I willtell the Note Holder in writing that lam doing so. [ may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of illY prepayments to reduc:e the amount of principal that I owe under this Note. If [ make a partial prepayment, there will be no changes in the due date or in the amount of my monthly paytnent Unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES Ifalaw, which applies to this loan ano which sets maximum loan charges, is finally interpreted so that the interest or other loancharges colleeted or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by the amountncceSsaryto reduce the chargetn the permitted limit; and (ii) any ,sums already collected frotnme which exceeded permitted limits will be refunded to me. The Note Hold"~ may choose tD make Ibis refund by reducing the principal I owe under this Note or by making a direct paymetlt to me. If II. refund reduces principal, the reduction will be trea.ted as a partial prepayment. 6. BOllROWER'S FAILURE TO PAY AS REQUIRED (A) LateCharge for Ovenlue Payments If the Note Holder has not received the full amount of any monthly payment by the ent of F I FTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% . of my overdue payment of ptincipal and interest. I will paythh; late charge promptly but only once on each late payment. (B) Default [f{ do notpay the full amount of each monthly payment On the dale it is due, I will be in defa.ult. (C) Notice of Default If I am ill default, the Note Holder Ol2y send me a written notice telling me that if I do not flaY the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. Tha1 date tnUSt. be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described abo\'e, the Note Ho1derwillstill~therighttodoso ifl am in deflNltat a latertiIne. (E) PaymeatofNote Bolder's Costs and Espenl;es If !he Note HOIder bas required me to pay immediately ill full as del5eribed above. the Note Holder will have the right to be paid back by me fur all of its tOSlS and expenses in enforcing this Note to the extent not prolnbited by applicable law. nose expt:DSeS include. for example, reasonable attorneys' fees. ex hip; f '~ ,. MULTISTATE mED RATE NOTE. SlngleFamlly -FNMNFHLMC UNIFORM INSTRUMENT """ FNS1 06/21/93 ....01 of2 5: 37 PM F01'1Jl3*12I83 01868066 I-I '7m"1 - :c " 7.GMNGOFNOTICES . Unless applicable law requires a different method, any notice that must be given to me unaer this Note will be given by delivering it or by mailing it by -flISt class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my differentaddtess. s. OBLIGATIONS OF PERSONS UNDER THIS NOTE Any notice that tRust be given to the Note Holder under this Note will be given by mailing it by fIrSt. class mail to the Note Holder at the addressstated in Section 3(A) above or at a different address if I am given a notice of that different address. If more than OQe person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, includiDg 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 endozser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person ~divi.dually or against all of us together. This means that anyone of us may be required to pay all of the atnOUnts owed under this Note. ,. WAIVERS I and any other person who has obligations under this Note waive the rights of presenttnem and notice of dishonor. ~Presentment" means the right to requite the Note Holder to demnnd payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 19. tJNJFORM SECURED NOTE This Note is a uniform instrument wil:h limited variations in some jurisdictions. In addition to me protection given to me Note HoIder UDder this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the salDe. date as this Note. protects lhe Note HaIdet from possible losses which might result if I .do not keep the promises which I make in this NOte. That Seeurity Instrument descn"beshow and undeiwhat conditions I may be required to make immediate payment ill full of all amounts I owe under this Note. Some of the conditions are descn'bed as follows: Transrer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or ~y interest in it is sold or b:aDSfened (or if a benefiCial interest in Borrower is sold or ttansferred and Borrower is not a natural petSOll) without Lender'sprior written. consent, Lender may, at its option, require immediate payment in full of aU sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise Is prohibited by federallaw as of the date of this Securj,ty Instrument:. If Lender exercises this option, Lender shall give Borrower norice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security JnstnuneDt. IfBo.rrower fails to pay tht$esums prior to me expiTalion of this period, Lender may invoke anyremedie.spermitted by this Security Instrumentwithout further notice or demand on Borrower. WITNESS THBHAND(S) AND SEAl(S) OFTHE UNDERSlGNED. WITHOUT RECOURSE PAY TOTHE QRDEROF ~2008 FNS1 06/21/93 Page20f2 I' , ~hfihr, Q. f1td?.&u~) BARBARA A. MCCLUR -.....- (SooJ) ....... (Seol) ....... (Sign Original Only) . 5:37 PM 01868066 ,"" _.'--~ - I : 7~'. -. -.; .'. . . ,-, . '.>'" ., i. , ['- p' Ii- : i , , , ! I ~ ! ~1 rl t~ ~ !I il I~ Ii, ~~ 141 I.:l :;\! I--,! [i1 ~ ;! l' ALL THAT CERTAIN Unit, being Unit No.5 (the "Unit"), of Willow crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which unit is designated in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominiumn) and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscella- neous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A condominium (the First Amendment to Declaration of Condominium) and Declaration Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TOGETHER with the right to use the limited CODDDOn elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. Being known as 424 Dogwood Court. ,:i i:;~ I,; ! i~ :-i' ['0 1- ~, :J r:~~~~~~4~~~r~~~f:~",:, -. :',. .......... :,'.... ... , '.' "0 .... . "" .~. '.. . '.~ :~~:;.:~:::::~..~~~:.t~\:~::~;7 :.~.~:.:-... ::,,~:., :.:.:<.:::~....., ." . ", _-l~: 'c'..-:>:..... . ': .:: -. ~,.. EXhil?H't) BOOK1l45 PACE 888 ^ DEC-04-2000 07:41 PURCELL,KRUG,HALLER 717 234 1206 P,06/06 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED F/KIA Fl'UNEWE83ER M::RUKE FlN\N:E, OC. VERJ[FICA TION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities, Dated JA!U\RY 9, 2001 By (//Bj-> Title DEC 04 2000 05:43 717 234 1206 TOTAL P,06 PAGE,06 ,.-,' i ,-' - I ~. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00185 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC ET AL VS MCCLURE BARBARA A ROBERT L, FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCLURE BARBARA A the DEFENDANT , at 0019:40 HOURS, on the 19th day of January 2001 at 424 DOGWOOD COURT CARLISLE, PA 17013 by handing to BARBARA MCCLURE 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 18.00 3.10 ,00 10,00 .00 31,10 S;;=~~i R, Thomas Kline Sworn and Subscribed to before 01/22/2001 PURCELL, KRUG & HALLER BY6?!:X--J ~~~ Deputy Sheriff me this 02<f*'" day of ~.2'1 ~I A,D, CAt', 'pfot~i~t~ry tf"'i 'I::' ... ,~,''t i..\ c;, 1 . '0 ~r 1 ~, ". ., ~ f COLUMBIA NATIONAL, INCORPORATED FIKJA P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS, Defendant ACTION OF MORTGAGE FORECLOSURE #01-/66 CC:oll BARBARA A, MCCLURE ~ TIDSFIRM 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed 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 offor any other claim or relief requested by the Plaintiff, You maylose money or property or otheIlights 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 . . A VISO LE RAN DEMANDADd A USTED EN LA CORTE. SI DESEA DEFENDijRSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIASDESPUES DE SER SERVIPO CON ESTA DEMANDA Y A VISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRECON 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 P ARTICIP ACION. 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 1MPORTANTES. 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 TRUE copy FRQM. R~AD to Testlmoily wllel1of:\, tIef...,'~ ~~ \J. ;;ii -r ~= I ,~ " .- COLUMBIA NATIONAL, INCORPORATED F/KJ A P AINEWEBBER MORTGAGE FINANCE, INC" IN THE COURT OF COMMON PLEAS : CUMBERLAND GOUNTY, PENNSYLVANIA Plaintiff vs, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE BARBARA A, MCCLURE, 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 ofthis notice disputes the validity ofthe aforesaid debt or any portion thereof o,wing 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 171 02 (717) 234-4178 Attorney LD,# 15700 Attorney for Plaintiff -<''''~ "'" - "-' - I -~ " COLUMBIA NATIONAL, INCORPORATED F/KlA PAINEWEBBER MORTGAGE FINANCE, INe., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE BARBARA A. MCCLURE, Defendant ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED FIK/A P AINEWEBBER MORTGAGE FINANCE, INC., is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046, 2, Defendant, BARBARA A. MCCLURE, is an adult individual, whose last known address is 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013, 3. On or about, June 22, 1993 the said Defendant executed and delivered a Mortgage Note in the sum of . $52,400,00 payable toPAINEWEBBER MORTGAGE FINANCE, INC" which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment ofthe 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 1145, Page 882 conveying to original Mortgagee the subject premises, P AINEWEBBER MORTGAGE FINANCE, INC, is now known as COLUMBIA NATIONAL, INCORPORATED, The Said Mortgage is incorporated herein by reference, 5, The land subject to the Mortgage is: 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto, 6, The said Defendant is the real owner of the property, '~ T"' ,~ I ~ ,"r "P ~_ ~ ~ 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May I, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $48,143,98 Interest at $9,56 per day From 04/01/2000 To 02/0112001 (based on contract rate of 7,250%) $2,925.36 f Accumulated Late Charges $165,09 Late Charges at $18,87 Per month for 10 months $188,70 Escrow Deficit $269,45 Attorney's Fee at 5% of Principal Balance $2,407.20 $54,099,78 **Together with interest at the per diem rate noted above after February 1,2001 and other charges and costs to date of Sheriffs 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 judgement 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, 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time "!~-~< ,- ~ " limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7,250% ($9,56 per diem), together with other charges and costs including escrow advances incidental thereto to the dat fSheriffs Sale and for foreclosure and sale of /' By:' i- ~ the property within described, ELL, HALLER eon p, Haller, Esquire Attorney for Plaintiff LD, # 15700 1719 N, Front Street Harrisburg, P A 171 02 (717-234-4178) ".."..,~ ,~ "- -" - 'I ~_ rl ". ~- -~~, ..,H"" .V"'1'''''''~'''''''''''''''', ,.., NOTE JUNE 22 ,1993 PA . Dillsl:>.1.1rg. .. . . (Cily! (SI&l<) 424 DOGWDOD CT. CARLISLE, PE~NSYLVANIA 17013 .........................................~;.,.id;..;l.......................-............"... . 1. BORkOWER'S PROMISE TO PAf In remrn Tal'S loIlll: fbat I bave received, I promise to pay U.s. $. ..*................52.400. OtXlhis amDuDt is called "principal~), plus interest, to the order of the Lender. The Lender is PA I NEWEBBER MORTGAGE F I NANCE. I NC. t undctstand that the Lender may tranSfer this Note. The Lender OJ' anypne who takes this Note by transfer and who is eD1itled to receive payments under this Note is called the ~NU\.e Holder. ~ 2. INTEREST lDktest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay Interest at a yearly rate of .."*7,260 ,;. The imerestraterequired by this Section 2 is the rate I will pay both before and after any default described in Section6(B) of this Notf:. 3. PAYMENTS (A) Time aad PJaceol Payments I will pay principal and interest by making payments every month. 1 will make my monthly payments on the 1 ST day of each month beghming on AUGUST 1 ST 19 93 . I will ri1ake these payments every month until I baye paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on JUI V 1 ST 2023 , I still owe amounts under fbis Nom, I will pay lhose amOltllts in fuU on that date, wwchis ca11edthe ~maturity date.~ lwillmakemym<mlhl,ypaym"""" P,O BOX 905. COLUMBIA. MARYLAND 21044-0905 'or atadifferentplacc ihequiredby the Note Holder. (0) Amount ofMonlhly Pa)'Jllents My tllOntbly payment will be in theamoumofU.S.$ **....***....357.47 4. BORROWER'S RIGHT TO PREPAY I have the right to make paymellts of principal at any time before they are dUe. A,paymC1ltof principal only is \mown as a ~prepayme1ll~ Vlhe1lImakeaprepaymem,I will ten the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment cha~e. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in. the llU1OUDtofmy monthly payment UnleSs the Note Holder agreesin writing to those changes. 5. LOAN CHARGES Ifalaw, whlch app6es to tbis loan and wbicbsets maximum. loan charges, is fmally interprel:edso that the intt:restor other loancbarge5 collected or to be collected in connection with this loan e~eed the pennitted limits, then: (i) any such 1l)aD charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and eii) any sums already collected from. me whlch exceedtd permitted limits will be refunded to me. The Narc HolON may choose to make this refund by reducing the principal r owe tmder this Nou: or by JnBkiog a direct paymentto me. If a refund reduces principal.1ile ~duction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder bas not received the fun amount of any monthly payment by the enit of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% . of my overdue paymeIlt of principal tuld interest [ will pay this lnte charge promptly but only once on each late payment. (B) Ddaull Ifl do not pay tbe full amount of each monthly payment on the dale it is due, I will be in defaull (C) Notia! olDefaull .If 1 am in default, the Note Holder may send me a wriuen notice telling me that if I do not pay the overdue amount by a certain date, the Note Ho1der may require me to pay immediately the lull amouat of prilcipal whicb has not beet! paid arid all the inf.elest lbat I owe OIl that amoutIt. That date must be at least 30 days after the date on whil;:h the notice is delivered or mailed to me. (D) No Waiver By Note Bolder Even if, at: a time when I am in default, the Note Holder does not require me to pay immediately in fun as descn"bed abovt, the Note Ho1dtrwill6tiIl bavetlm rightto do so ift am in defauhata later time. (E)PaymeutorNoteBoIder'sCostsaml ~ If the Note Holder bas required me 10 pay immediately in fun as dC5Cribed above, the Note Holder will have the right.1D be paid back by me for an 0( its costs and expenses hi: enforcillS this Note to the e%tellt not prom"bltad by appllcaWe law. Those ~ indruJe, for example,re&l101iableanoroeys' fees. ex hip; t ,~'- MULTlSfATEFIXED JlA TENOTE .SlnBIeFam.U,.FmJA,lFHLJlJC VNJFORM JNSTRtlMENT ""'" FNS1 06/21/93p,g,lo(2 5:37 PM Fens 3* J2,WJ 01B68066 ~. 7. GIVING OF NOTICES . Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by.flI'St class mall to me at the Property Address above or at a different address if [ give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by flrst class mail to the Note Holder at the 8ddressstatccl-in Section 3(A) above or at a different addressu I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If tDOre than ODe 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 pel'SOn 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. The Note Holder may enforcldts rights under !his Note against each person o\ndividually or against all of us together. This means that anyone ofus may be required to pay all of the amounts owed under this Note. ,. WAIVERS ~ I and any other person who bas obligations under this Note waive the rights of presentment and notice of dishonor. ~Presentrnent" means the right to require the Note Holder to demllDd payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other per50listbat amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrUment with limited variations in some jurisdicuons. In addition to the protection given 10 the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument"). dated !he same date as this Note, protects the Note lfoJder from possible losses which might result if I do not keep the pto.tn!ses which I make in this Note. That Security Inmument describes how and under what condiuot1S I may be required 10 make immediate payment iD full of all amounts I owe under this Note. Some of the conditions are descnOed as follows: Transfer oCthe Property or a Benelicbillnlerest in Borrower. If all or any part oftbe Property or ~y ioteresl in it is sold or transferred(orif a beneficial interestin Borroweris sold or transferred and Borrower is nota natural person) without Lender'sprior written consent, Lender may. at its option. require immediate payment in fun orall sums secured by this Security lnstrument. H()Wever, this option shall notbe exercisedby Lenderif exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give BorroWer notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrume.ntwithoutfurthernotice or demand on Borrower. WITNESS THBHAND(S) AND SEAL(S) OFTHB UNDERSIGNED. WI'ltlOUT RECOURSE PAYTOTHE ORDER OF ~hnhr' 0. ~C(?~) BARBARA A. MCCLUR ~- (Seal) .......... (SoaI) .....- (Sign Original Only) 32008 FNS1 06/21/93 Page20f2 5:37 PM 01868066 -'{0-;'ji\~~-f;1>_'~T 'I f ...:.....,; ..:'::;: -. . <:..... -; .,. .- '.' . 1. i". f' } ~ ~ ALL THAT CERTAIN Unit, being Unit No'. 5 (the "Unit"), of Willow Crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, wh.ich Unit is designated in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominium") and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscella~ necus Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A condominium (the First~ndment to Declaration of Condominium) and Declaration Plats and Plan as reqorded in the Recorder of Deeds of Cumberland County in Miscellaneous ~ook 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TOGETHER with the right to use the limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of . Condominium and Declaration Plats and Plans. Being known as 424 Dogwood Court. , ;:'{if~~;1~:;::i'j,;,,:. " . . '.. ~.' ',',::}', '" . '.~ :~:t~;-~.-:~~',~~~~~!-:~~:~;(~;~:}:,~'~' :>A' '::;.~:.. :...:.;:;r....... .'" . '- EX~i1? HIt} BOOK 1145 P^'GE .888 .-: .;~~:';::~..:~.-..... """";..' '-' .' ^ '", , .. ~'., . ~?:~~~~~~~~~:i~J.~~~1;:..~\~/ ::.. ", '...., .- . . ~' . . ... ..:::;..:~~€~7~~;f:;1'I";:_~5~;;;;\~.'.~..~.;~,.~.;,/. : . ,"';I!1i-ry~#<1!)..~""""I'II!~"" :1 ,'-' ~ DEC-04-2000 07:41 PURCELL,KRUG,HRLLER 717 234 12Q6 P,06/06 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED. F/KIA F1'JNEWE83ER M:Rm\CE F.IN\N:E, OC. VERIFICATION I verify that the statements made in the for~going Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. Dated JIINl1\R{ 9, 2001 By (//er Title (' "-;,-~ ~.r,..t . ; . ';'..! ;-") DEC 04 2000 05:43 717 234 1206 TOTAL P,06 PRGE, 06 ;;~ - "r!r I" 'I " ;"1 ""-.' ~~-, 'Ii ~ (c:>) ~ ~ cs=2) (c:>) l:@ ~ ~, ~ - ,~. .,. """'f""...,.,,,~ _ ~'." ,_, ,T,__' . , " <.-~ - --'--, ,,- ,'~- . -~~' " '" '-~ ~I H'V ^1^ SIH13d :11Sl!tl'li~ 101 ~d 6<: Z 0\ \lUr ',\"\11'100 ,I.1Ni\CO 3J~'1 ~o'.aol~G .IAlllilflS n - '-k']', .~- "".,:~-"~" ~,,'..o; .,'d,'-i,'r-'"'~" L0' '.,. ""'''''j~liili:l'''''''''..1nn'f''\ ~ 2J :~~2) '=@ ~ ~ @ ~ ~ ",....~~ftll~!1iil "_ _*9il.~'-fW'ljn!%'1'mf'~J!-1;l;;~)"'~I_'''''>_''l!+mrw'''w:mi!\'!lljtFMj;;IW'lHm~4i!!Iil:(1~,;>-m'%~m'Jli!i:lMfjj'jAA~~, COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTIN - LAW vs. NO. 2001-00185 BARBARA A. MCCLURE Defendant : IN MORTGAGE FORECLOSURE STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Plaintiff intends to proceed in the above captioned action. However, the case was stayed by Bankruptcy as evidenced by the Suggestion of Bankruptcy heretofore filed. PURCELL, KRUG & HALLER BY'~ eon P. Haller . 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: September 14, 2004 .,,', '~';,:".;!,,' "t." '" "" 1-,' '.' I "'-"'" 1:- - f . "~"~~'" - ~~"_'~H ~.N , 'o""~<--.,. ..~ - ,," ,~--- ",.,. "c">' '~~.,,""'.~ _",.",_,_""-,,,'1', ~ ,,,,,'<"'-~' ,>Sf- "";' <~..- '" .-I-'~-""i~iC' >>' "k''"'--'nlilllr-Ilntt'~-~< '<:' C'J.-', QiL' (I~) _' :.:;..' ~. :::--, >~~ /--=:.. --i -( ~2 ~. (::~ c; ~ ~(~ I" -0 CJ i'l C)"\ "'0 C.tl _I .",:"d~~VllJf~~Wl!l1~!iltm: .'__-,." ~rTTJTI~Q~~~~., __.~~ .~ COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTIN - LAW vs. NO. 2001-00185 BARBARA A. MCCLURE Defendant : IN MORTGAGE FORECLOSURE SUGGESTION OF BANKRUPTCY PLEASE TAKE NOTICE that the above captioned Defendant, Barbara A. McClure filed a Chapter 13 Voluntary Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-01-00693, on February 12, 2001. Pursuant to Section 362 of the Bankruptcy Code, all proceedings in this case are to be stayed. PURCE~HALLER By: " Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: September 14, 2004 c.: ~_-:'_" ", --'~', .~ ""='j\- ".'. 1.--"'-' 'I ~ ., , q", '-1 . ~ CERTIFICATE OF SERVICE I, Leon P. Haller, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Suggestion of Bankruptcy was forwarded to the following individuals by regular U. S. Mail, first class service, postage prepaid, on September 14, 2004, addressed as follows: Barbara Ann McClure 242 Dogwood Court Carlisle, PA 17013 Charles J. DeHart, III, Esquire Post Office Box 410 Hummelstown, PA 17036 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 ~, Dated: September 14, 2004 -. --_~,_" ~-_~~ - ----,,-: _~_'_-"_-_C' - ~_I__"""-.'_" I~- ,'-1 ,," -''''''- i I I I I , i I I ! i ~ ~<~."''''- - ~~." '.'. - ._...,.., ",^ "~"^'_ ,_ f' "<c",' ., 'J ~-"-~ .'o"~' oM,. ", ,,' . ,~ ~ ,-" ,..,. HUll ~ , 1"'....) C;:;;;) ~ C) -{j ::~J uo C:2 i"nF~ ~iJ8 2~~~ ~1,fil'; 0' ~~~ > Lf1 ::::",1 C ---<-: ,,:r_~~,~..~~~l!I"'\11:"i!~J~'~I~'_'~~_J)l~~l ~ Leon P. Haller purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW Plaintiff VS. NO. 01-185 BARBARA A. MCCLURE, Defendant IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. PURCELL, KRUG & HALLER BY: Leon P. Ha Attorney for ID #15700 laintiff DATE: Julv 14. 2005 """"; " ',~- --~ :- -,- .. - ,- 1- '-, -~"I 'tf . ~ ~ ~ ~ - '"'c. ~, ~.~"~ "'- ~ - ~-- ~ ~, "" '"" "" -, ~_o_. ~,.~",._ ~ 0_ ",_," ~__"" <~ ~'~-"" ~ C) ~> 9n = ("-- Co"" -,"- c..n ... <-. -1 c::: :I-" .. rnp -C1P.'1 N :::J'./ _I 9c) .-.'~ ~-(~ -,- ~:~~~ C:-? 0 ""-! z; ~ CJ!; "".0 / '< -~ (Xl .. ,,,,,,,,,:t'WRH,!,}'~(;,:""~"''''''F',ij;t'''^f,='''~''!ilil,,",.~rn~!~ilW1l!;~l!IOOm!ll1!I'''',,:,,~,~,_ TI~)