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HomeMy WebLinkAbout01-0541 FX _,'lli:--""- ".~" . =>r.j~_C_ ~~~~ . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEYFORPL~IFF COURT OF COMMON PLEAS CIVIL DIVISION KEYSTONE FINANCIAL MORTGAGE CORPORATION, S/I/I TO FARMERS TRUST COMPANY 2270 ERIN COURT P.O. BOX 7748 LANCASTER, PA 17604-7748 TERM Plaintiff c;J v. NO. OI-,5if/ CUMBERLAND COUNTY KATH~YN H. TUCKEY 237-239 SOUTH 3RD STREET, NKJ A 303 HERMAN AVENUE LEMOYNE, P A 17043 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIR'\-IED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. 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 this 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 claimed in the Complaint or 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 PAPER 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 loan #: 10035855 .... - . -j I j ,'m,,~: ,,,,"""'''"'~'~ ~"'<... .. . ~~ ~,", I I ~rFiMS:;; '''" 1. Plaintiff is KEYSTONE FINANCIAL MORTGAGE CORPORATION, S/I/I TO FARMERS TRUST COMPANY 2270 ERIN COURT P.O. BOX 7748 LANCASTER, PA 17604-7748 2. The name(s) and last known address(es) of the Defendant(s) are: KATHRYN H. TUCKEY 237-239 SOUTH 3RD STREET, AIKJ A 303 HERMAN AVENUE LEMOYNE,PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/29/93 ROBERT E. TUCKEY AND KATHRYN H. TUCKEY made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1146, Page 307. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/29/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." -~. ~ ~- ~_~...._,,J,,,,,,. ~_ J..". I _~ I .- ~ ' ,~ "t'j[>, 6. The following amounts are due on the mortgage: Principal Balance Interest 8/29/99 through 1111/00 (per Diem $18.90) Attorney's Fees Cumulative Late Charges 6/29/93 to 11/1/00 Cost of Suit and Title Search Subtotal $73,709.10 8,145.90 3,685.00 482.20 550.00 86,572.00 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 0.00 $82,871.19 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~ Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, a true and correct copy of which is attached hereto as Exhibit "B." II. By virtue of the death of ROBERT E. TUCKEY on 12/20/98, defendant became the sole owner of the mortgaged premises as surviving tenant by the entireties. 12. Plaintiff hereby releases ROBERT E. TUCKEY from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $86,572.00, together with interest from 1111/00 at the rate of $18.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 1~r:]-~ 1 sl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~'_.~ ~<. ~"'.......- ~.......I ,,, .' ~ ~ M~" ". K<:Y,stone' Financial Mortg~ge ~.~ Corporatlo~ .2270 Erin Court P. O. Box 7748 Lancaster, PA 17604-7748 1-800-KEY -8131 (717) 399-6498 FAX (717) 397-2834 December 29, 1999 ACT 91 NOTICE TAKE ACTION TO SA VE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. SDecific infonnation about the nature of the default is Drovided in the attached Daaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAPI may be able to helD save your home. This notice eXDlains how the Droaram works. To see if HEMAP can help, YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DAtE OF' THIS NOTICE. Take this Notice with you when yOU meet with the Counselina Aaencv. The name. address and Dhone number of Consumer Credit Counselina Aaencies servina your County are listed at the end of this Notice. IfVou have any auestions. YOU mav call the Pennsvlvania Housina Finance Aaencv toll free at 1-81l0-34:!-2397. /Persons with imDaired hearina can call /7171780-18691. This Notice contains important legal infonnation. 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIEN DO EN SU CASA. 51 NO COMPRENDE EL CONtENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENC1A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES seR ELeGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Kathryn H. Tuckey PROPERTY ADDRESS: 237 - 239 S 3'" Street, Lemoyne, PA 17043 LOAN ACCOUNT NUMBER: 10035855 ORIGINAL LENDER: Keystone Financial Bank, NA, successor in interest to Fanners Trust Company CURRENT LENDER/SERVICER: Keystone Financial Mortgage Corporation EXHIBIT uN E){\-\\B\1 ~ 1 ;"-- ~ - . -~" . '-~'~ ".. " "'" I j - "'~ .~< ~M'i, HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE 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 CIRCI:lMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGILlBILITY REQUIREMENTS ESTABLISHED .BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of lhis Notice. 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 MEETING MUST OCCUR WITHIN THE NEXT 1301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL r. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUSELlNG AGENCIES - If you meet with one of the consumer 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 teleohone numbers of desionated consumer credit counselino aoencies for the countv in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- lo-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnalion 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 (30) days of your face-te-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU 'FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIOi5S"SET FORTH INTH.S LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - 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 (SO) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursu~d against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvama 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 flied bankruptcy you can still apply for Emergency Mortgage Assistance.) EXH\B\T "AU. E~l"\\a\1 "2 _T-,1>I",,,,.,~~ ~..!iiI:l~,,""j ~ ;,;,' I I "' ~~ '3'"ol.~l8t!Mt; r HOW TO CURE YOUR MORTGAGE DEFAULT IBrinQ it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 237 and 239 S. 3r. Street, Lemoyne. PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $793.37 each for the months of September 1999 through December 1999. LATE CHARGES AND OTHER CHARGES: $119.01 TOTAL AMOUNT PAST DUE: $3,292.49 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMoUNT PAST CUE TO THE LENDER, WHICH IS $3,292.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bY cash. cashier's check, certified check or monev order made oayable and sent to: Keystone FInancial Mortgage Corporation 2270 Erin Court P. O. Box 7748 Lancaster, P A 17604-7748 IF YOU 00 NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. The lender intends to exercise its riGhts 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 start legal action to foreclose uoon vour mortGaGed DrODertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, 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 S50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's 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 vou cure the default within the THIRTY (30) DAY oeriod, vou will not be reGuired to Dav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid 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 (30i DAY period and foreclosure proceedings have begun, vou still have the riaht to cure the default and Drevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bY oaYina the total amount then oast due. olus anv late or other charCles then due. reasonable attorneY's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writina bv the lender and by oerformina any other reauirernents under the mortaaae. Curing 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 SALE DATE -It is estimated that the earliest date that such a Sheriff's Sales of the mortgaged property could be held would be approximately six (6) 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. EXHIBIT GA- exH\B\1' A 3 __.MJ__""",-,~_,,< . "'''''-'''",-.'''''''''''......- k_~ - I,",] - IU~'.' HOW TO CONTACT THE LENDER: Name of Lender: Keystone Financial Mortgage Corporation Address: 2270 Erin Court, P. O. Box 7748, Lancaster, PA 17604 Phone Number: (Z17) 399-7082 or (800) 760-1257 Fax Number: (717) 399-7099 Contact Person: Denise Lowrie EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You -'- mayor L may notseli or transfer your home toa buyer or transferee who will assume the mortgage debt, provided that ali the outstanding 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. 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 BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT 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 A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~Uv Rebecca Boston Default Manager EXHIBIT aA. .J exHlBl\ Pt ~I"~~= ,""""""~,. . 2870 cces oCWestern PA . 219-A College Park Plaza JOMstA>W'" PA 15904 (814) 539-6335 Lycoming-Clinton Counties Commission For Community Action (STEP) 2138 Lincoln Street P. O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAJC(570) 322-2197 cees oCNortheastern PA 20 1 Basin Street Wllliamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 ~" ~- ~ ~ ~,~""..".....I '"''"'\ ",., STATEMENTS OF POLICY CLINTON COUNTY eccs oCNortheastern PA 1631 S Atherton St Suite 100 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY CCCS oC Northeastern Pennsylvania 1400 Abington Execu tive Park Suite 1 Clarks Summitt PA 18411 (570) 587-9163 or(8oo) 922-9537 FAX (570) 587-913419135 31 W. Market Street POB 1127 WIlkes.Barre. PA 18702 (570) 821'()837 or (800) 922-9537 FAJC (570) 821-1785 Co~~;..ioll On Economics Opportunity oC Luzerne County 183 Amber Lane Willr.es-Barre, PA 18702 (570) 826-0510 or (800) 822'()359 FAJC (S70) 829-1665-CALL BEFORE FAXING (570) 455-4994 HAZELTON FAJC (570) ~5-5631-CALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK Booker T. Washington Center 1720 HollaJld Street Erie, PA 16503 (814) 453-57<< FAJC (814) 453-5749 John F. Kemledy Center, Ine. 2021 East 20th Street Erie, PA 16510 (814) 898-OOl0 FAJC (814) 898-1243 cccs oC Western Pennsylvania, Inc. 2000 Llnglestown Road Harrisburg, PA 17102 (717) 541.1757 Urban League oC Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 23+5925 FAJC (717) 234-9459 Community Action Comm oC the Capital RelPon lli14 Deny Street 1iarNburr. PA 17104 (717) 232.9757 FAJC (717)234-2227 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) ~9-4581 FAJC (814) 456-0161 Shenango Valley Urban League, Ine .601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 . CUMBERLAND COUNTY Fl"'"M.t CoWlSeling Setvices of Franklin 31 West 3ni Street Waynesboro, PA 17268 (717) 762-3285 YWCA oC Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg. PA 17325 (717)834-1518 . FAX (717) 834-8326 EXH\B\T A PalHSYLVAHIA BULI.ETlH, VOl.. ~, NO; ~ o!UNE 5, 1m EXHIBIT lA- '.1."".,[ -&"'."'~~ '11II10;' ". .~ L >~-~"'"""~""'l-;;;_: ~ .'" PENNSYL VANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Loan Program . Pa....ents Generallnfornuztion (717) 780-3940 Corresl1Ondence 2101 North FnlO' Stteel GenerallnfofllUltion 1-8011--342-2397 2101 North Franl Sln:el P.O. 80. 15206 . TDD /I For Hearing I...paired (717) 780-1869 P.O. Bo. 15530 Hanjsburg. PA 17105-5206 FAX /I (717) 7811--3995 _burg. PA 17105-5530 4/21/2000 IOC3'5SS$" KE."iSTOtlE FIllAIICIAL MORTGAGE 2270 ERIN COURT PO BOX 774B LANCASTER. PA. 17604 SUBJECT: IATlIII."tll TUCKEY 237 5 3RD ST LEMOYNE. PA. 17043 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pu~suant to Act 9l of 1983. 35 P.S. Section 168.401-C et aeq. and/or AgencY------ Guidelines 12 PA Code Section 31.201 et seq. for the following reasons: DELETED III LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark. date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be conducted by a telephone conference call; therefore, you must inelude your telephone number. Requests for hearings must state the resson(s) that a hearing is requested and must be sent first class, registered or eertified mail to: Chief Counsel - Hearing Request, PRFA/HEMAP, 2101 North Front Street, P.O. Box 15628, Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is reeeived. When sending your appeal, please be sure to print your name legibly and inelude your soeial seeurity number. You have a right to be represented by an attorney in connection with your appeal. If you eannot afford an attorney you may be eligible for Legal Serviees representation. You can eontact a Legal Serviees representative through the fallowing tall free number: 1-800-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Diselosure inapplicable. The Fede!."al Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the eapacity to enter into a binding contract); beeause all or part of the applicant I s income derives from any public assistanee program; or because the applieant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law eoncerning this ereditor is the Federal Trade Commi.ssion, Equal Credit Opportunity, Washington, D.C. The Pennsylvania Housing Finanee Agency EXH:I31T as:J EXHIBIT B ~ "- ...,., . 1..:.. - t I .'U .~ ~. I" ')'-1 -, ALL THAT CERTAIN tract of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING .at a northwest corner of the intersection of South Third Street and Herman Avenue; thence along the northern line of H.erman Avenue,South 58 degrees 00 minutes West 18.35 feet to a point on the line running through the center of the partition wall between p~operties numbered 303 and 305 Herman Avenue; thence in a no~theriy direction along said line through said partition wall and beyond for a distance of 72.5 feet to other property now or formerly of Americo D'Agostinoj thence along said property, North 58 degrees 00 minutes East for a distance of 18.35 feet to South Third Streetj thence extending along the western line of South Third Street, South 32 degrees 00 minutes East for a distance of 72.5 feet to the point or place of BEGINNING. SAID PREMISES being known and municipally numbered as 303 Herman Avenue, Lemoyne, Pennsylvania. BEING Tract #2 set forth in a Decree Awarding Real Estate of the Estate of John D'Agostino, dated 13 January 1970, and found of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 23-N, Page 657. BEING the same premises which celia Romaine D'Agostino, unremarried widow, et ai., by their deed dated 29 June 1993 and intended to be contemporaneously recorded herewith, granted and conveyed unto Robert E. Tuckey and Kathryn H. Tuckey, his wife, mortgagors herein. PREMISES: 237-239 SOUTIl. 31m STREET, AIKIA 303 ~ AVENUE LEMOYNE, PA 17043 I I.. , ~ ,c; VERIFICATION ROBIN YOHE hereby states that he/she is VICE PRESIDENT of KEYSTONE FINANCIAL MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, infolll1ation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~. 7f~ DATE: 11g.~/tr[ I 6) I ; . I ~ I .~ ~ nr:: FP..rC~-Of;:ICE . ," ,~. '--ARY '."., ''', :"'"j', .' I J ' _,' " ,'~,' ~ 01 .m-l25 AM II: 24 CUM8ERLN~D COUNTY PENNSYLVANIA .1ft) g) /'/, ei1f -j:/Y'1 I ' """7'7/.~ C-G/ /.? ~ ~;. ~~/=1"_4~ cd:=) /t'7&&Y' ## /t)? Y'J If' ~~,,",'-""~--~'''''''''''''" . i . .",~'"" ~.ri,' SHERIFF'S RETURN - REGULAR CASE NO: 2001-00541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE FINANCIAL MORTGAGE CO VS TUCKEY KATHRYN H SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TUCKEY KATHRYN H the DEFENDANT , at 0014:41 HOURS, on the 5th day of February, 2001 at 212l OLD HOLLOW RD # 5 MECHANICSBURG, PA 17055 by handing to KATHRYN TUCKEY 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 6.82 .00 lO.OO .00 34.82 So Answers: ~~~-t:~.( R. Thomas Kline 02/06/2001 FEDERMAN & Sworn and Subscribed to before By: ... me this /,L'l2:- day of :f~ d.o-o( . A.D. ()"f"'~ 0 )u,pi,. ),~ ~P!tothonotary y Sheriff l FEDERMAN AND PHELAN B},. FRANK FEDERMAN v Id.iltification No. 12248 One PeIll1 Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (2 I 5) 563-7000 Attorney for Plaintiff KEYSTONE FINANCIAL MORTGAGE CORPORATION, S/III TO FARMERS TRUST COMPANY 2270 ERIN COURT LANCASTER, P A 17604-7748 Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 01-541 VS. KATHRYN H. TUCKEY 237-239 SOUTH 3RD STREET, AlK/A 303 HERMAN AVENUE LEMOYNE, PA 17043 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against KATHRYN H. TUCKEY, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 11/1/00 to 4120/01 TOTAL $82,871.19 $3,231.90 $86,103.09 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. J;;p tz ';;~ F FEDERMAN,ESQtmRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: f~;/ c:?~. .;;x;r /$1 ~.~~ PRO PRO /~ ~ "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR l1IAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUYfCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEIT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. FEDERMAN AND PHELAN, L.L.P. , Frank Federman, Esquire Identification No. 12248 OP~ Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF KEYSTONE FINANCIAL MORTGAGE CORPORATION, S/I/ TO FARMERS TRUST COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 00-3625 KATHRYN H. TUCKEY Defendant(s) FlL.i:~COPY TO : KATHRYN H. TUCKEY 2121 OLD HOLLOW RD #5 MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 6. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717)249-3166 Frank Federman, Esquire Attorney for Plaintiff , .. FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at . Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF KEYSTONE FINANCIAL MORTGAGE CORPORATION, S/I/ TO FARMERS TRUST COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 00-3625 KATHRYN H. TUCKEY Defendant(s) TO: KATHRYN H. TUCKEY 237-239 SOUTH 3RD STREET, A/K/A 303 HERMAN AVENUE LEMOYNE, PA 17043 FILE COpy DATE OF NOTICE: MARCH 6. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ; (Rule of Civil Procedure No. 236 - Revised) KEYSTONE FINANCIAL MORTGAGE CORPORATION, SII/I TO FARMERS TRUST COMPANY Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION vs. : NO. 01-541 KATHRYNH. TUCKEY Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on APRIL ,,:)7 , 2001. I~/~,P.~,~ By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Peun Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 _.TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. -. t , '. r.,-o("C r'.' P\AF\ h...'- ihQ" ,...\\ ~"! , -p ,r+V"" \ t"P , r.;:. "\\\(rr::'-\C;\.,.-.U""J ".' 0 1 1>.,,\\\.1:15'2. IJ \ ~S""2. . _"C}' 'NJ CO\..l~ C\j\l\~~t\NS'il\}f>,\'.\\F\ rl.tZl //- ~ 1 1 ~ i ~~ ~ ~ i it ~ '" =/ 1.2/68'''7 H?I- /1 o<?tJl - ~~ ~ , ,,~L ~ I ".. , FEDERMAN AND PHELAN By: FRANKFEDE~N,ESQUTIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 KEYSTONE FINANCIAL MORTGAGE CORPORATION, SIIII TO FARMERS TRUST COMPANY ATTORNEY FOR PLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 01-541 KATHRYNH. TUCKEY CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment in the above captioned matter "Satis d" upon payment fyour costs only. October 12, 200 I ~jQi~~.Aiilii:i~jili5iM;MI@M;f;i"'~~k-~~~-fs';j';"'M""'''O:;lMi~rli;ll\;i!HI4iiIo-;J;f'''';'''''''''.IiIU...l.!iifilllf ~ ~- ~" " ". , ~"-w _ ,'- ",,' , "' ~ ." ..~ ".' 0 C; (J c: " S :::::> -U CD n ::D mn'j -< z:::o ,- N ","0.1'"1"1 Zt:;;. ...'::1:( ~Z N ':;:,:;0 ~CJ ;po .:t=H ~O :::I: S?- ,.0 <=0 9? am );>c: --< ~ &:""' ~ .- .