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HomeMy WebLinkAbout03-2665 W ACHOVIA BANK, NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Defendant IJ3 - JUs' t~ KIMBERLY R. SIMINGTON /------- 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE,PA 17013 717-249-3 I 66 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 DlAS 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 ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A 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 PROVISJONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 170 I3 717-249-3166 W ACHOVIA BANK, NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE vs. KIMBERL Y R. SIMINGTON, 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, PA 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION F/K1A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : CIVIL ACTION - LAW OJ ~ ;Z fo(.J-- : ACTION OF MORTGAGE FORECLOSURE vs. KIMBERLY R. SIMINGTON, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, W ACHOVIA BANK, NATIONAL ASSOCIATION F/K! A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1 , 1982 ('Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, KIMBERLY R. SIMINGTON, is an adult individual, whose last known address is 851 OLD SILVER SPRING ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, May 24, 1996, the said Defendant, executed and delivered a Mortgage Note in the sum of $71,250.00 payable to HART MORTGAGE CO., 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 1323, Page 518 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MELLON BANK, NA and recorded in the aforesaid County in Mortgage Book 521, Page 331. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 616, Page 555. The Mortgage was subsequently assigned to W ACHOVIA BANK, NATIONAL ASSOCIATION F/K! A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 851 OLD SILVER SPRING ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $65,468.79 Interest at $12.91 per day From 01/01/2003 To 07/01/2003 ( based on contract rate of 7.100%) $2,698.76 Accumulated Late Charges $76.60 Late Charges $19.15 From 02/01/2003 to 07/01/2003 $134.04 Escrow Balance $250.12 Attorney's Fee at 5% of Principal Balance TOTAL $3,273.44 $71,901.75 * * Together with interest at the per diem rate noted above after July 01, 2003 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 ofIntention 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. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.100% ($12.91 per diem), together with other charges and costs including escrow advances incidental thereto to the d e of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURC L, KR G & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PAl 71 02 (717-234-4178) MlIltistate NOTE FJ-lA Cue No. May 24 [DltCJ /996 .'J ~ ~ ,; 441-5189700-734 85/ Old Silver Spring Road, Mechanicsburg, Cumberland County, Communweallh uf Penllsylvania 17055 IProp~nyAddreuJ 1. PARTIES "Borrower" means each person signing at Lhc cnd of this Note, and the person's successors and assigns. "Lender" means Hart Mortgage Co., A Division of Moiu Line Bank 500 Office Center Drive, Suite 100, Fort Washingtoll, Pennsylvania 19034 and its successors and assigns. 2. nORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of SeveIlty-One Thousand Two Hundred Fifty and 00/100 Dollars (U.S. $ 71,250.00), plus imeresl, 10 the order of Lender. Interest will be charged on unpaid principal, from the dale of disbursement of the loan proceeds by Lender, at the rate of Seven and Ten One-Hundredths percent (7.10 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise 10 pay is secured by a mortgage, deed of trUSt or similar security inSlJ"ume.ru that is dated the same date as this Note and called the "Security InslTumenl.~ The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PA YMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the fltst day of each month beginning on July 1 1996 . Any principal and interest remaining on the fltst day of June 2026 ,will be due on tha1date, which is called the "Maturity Date." (8) Place Payment shall be made a1 500 Offict Center Drive, Suite 100 Fort Washington, Ptnnsylvania 19034 or at such place as Lender may designate in wriLing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 478.83 . This amount will be pan of a larger monthly payment required by the Security InslTument, that shall be applied LO principal, interest and other items in the order described in the Security InStrumenl (D) Allonge 10 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 covenants of this Note as if the allonge were a part of this Note. [Check applicable box} o Gmduated Payment Allonge o Growing Equity Allonge o Other [specify] S, 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 [Q the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a parLial 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. FHA Multislale Fixed Rale NOle . tO/95 :, ~~ ~'::"~~"G^G' W,",. ""''',::,;:~.8lL 1111I111111111111111111111111I11111 I-=-Yll;bl t 'A" 6. nORROWER'S FAILURE TO PA Y (A) Late Charge for Overdue Payments If Lender has nOI received lhe full mon!hly payment required by !he SecuriLy Instrument, as described in Paragraph 4(C) of !his Note, by !he end of fifteen calendar days after the payment is due, Lender may colleCl a late charge in !he amount of four percent ( 4.0 %) of !he overdue amount of each paymenl. (Il) Ddaull If Borrower defaults by failing to pay in full any mon!hly payment, I.hen Lender may, excepl as limited by regulaLion~ 01 lhe Secretary in the case of payment defaults. require immediate payment in full of !he principal balance remaining due and all accrued interest. Lender may choose DOL to exercise !his option without waiving its rights in the event of any subsequem default. In many circumstances regulations issued by the Secretary wiIllimit Lender's rights LO require immediate payment in full in !he case of p<lyment defaults. This Note does not au!horize acceleration when nOl permiued by HUD regulations. As used in I.his Note, "Secretary" means !he Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay COSts and expenses induding reasonable and customary attorneys' fees for enforcing !his NOle to !.he eXlent nOI prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement al!.he 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 presenunent and notice of dishonor. "Presenunent" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means !he right to require Lender to give notice to other perSons that amounts due have not been paid. 8. GIVING OF NOTICES Unlo" appl;cablo law "gu;,,, a duf"on< mothod, ""y notice thai must bo g;,,,, '0 Borrow" und" thi, No" wdJ bo g;"n by delivering it or by mailing it by first class mail to Borrower at the property address above or 31 a different address if Borrower has given Lender a nolice of Borrower's different address. Any notice that must be given 10 Lender under this Note will be given by first class mail to Lender at /he address Slated in Paragraph 4(B) or at a different address if Borrower is given a notice of lhat different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated 10 keep all of the promises made in !.his No", indudmg tho prom;" to pay tho full ,,",ounl ow"'. Any p=>n who ;, a gu"""to,, ,"rely 0' ondo"" of thi, No" i, al,o obUga"" to do tho", thing,. Any pcr'on who ..." 0'" tho" obUgation" ;ndud;ng tho obUgation, of a gu""",o,, '""'y 0' endorser of !his Note, is also obligated 10 keep all of the promises made in this NOle. Lender may enforce its rights under this No" ag,;nS! ",oh p","n ind;';dually 0' ag,;nS! all ,ignato,;" togoth", Any ono p"ron ,ign;ng thi, Noto may bo ,"'u;,'" to pay all of the amOunts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and Covenants contained in this Note. (ScaJ) .Borrower (Soal) .Borrower (ScaJ) (Seal) -Borrower -Borrower (ScaJ) (Seal) -Borrower -Borrower (5caJ) (Soal) .Borrower .Bonow"r ~'1R(9601! Pag~ 2 012 Pay to the order of: Mellon Bank, N.A., as Successor Trustee under a Trust Indenture of the Pennsylvania Housing Finance Agency dated as of April 1, 1982 without recourse BY: Gina Main Line Bank President C"J -(,:j ,'~, EXlIIBIT A ... ....,.""..~.~, .. '.,. r.'........'....~....(~.:"'!'!'..~. .'.\',:"_-'. ..' ALL 'l'KA'l' CIl1l.'rAIlf unit LII the p:l:OPIiIJ:l:Y knOl./n. nafller1 ancl idenc,1thd. in the Dllcl.u.tion :l:cfounclild to b/Jln.... as HWalnut. VillCl,~ ' Condomin:i.um'l lol:&terl 1n the !lo:ougli of H.ehanioobu.:l:g, County nt. C~erlAnd. ~ommonw~Glth of Pennoylvania, vhich ha~ heretofuLC been 11I~l.n.llitt.d ~\iuu.1.n~ to t.hlt provisions oe tlift pennsylvan:i.a unifo:l:m Condominium Act, de h.. Cons. !Jl:o.t. Ann. Jl0~ At. .!..WI. (puroon ::iUDJ). un). by cho looo%dir\g in the oftice or till:: RII~o~det of Deedo of Cumbetlann county. Pennwylvania, of B Doolaration of Candominium dKt~d July 3D. 1~8B, ~ %IiICO%dlll1 nn .Il.llgust. J.t. HlI:I, in "18co11an80u.1iI look Vol 308, Da.911 U1, which oechte.tion h,,-o bun amendeo by a. fint AlIltmdmllnt to Deola.u.tion of Condominium dAted DecembllL 3i, 1'85, and %.cordlild on O$r.ernber 31. 1~8~, in t.h. afol.soid officII' &t Hisc.lJ.aneous Book J13, pll.gu .l.)). and t'urthllll' amender{ hy a ::i.cond IUm:udment to Duch.ra.tion ot' Condominium rlllted. Marcil ZJ, un and :reco:z:d,d .on March :!7. 1';1 a', . in the a.tor."lidc;1 ofUce ~t tlhCIUa.neO(IS Book ~31. ca.;." "J, and furtber amended by . Thtrd Amendment lo Doclaration of CondominiUIlI dated Juu." 12, UB? anc:I %eco~ded on June 12. l!l87 1n the llrrJteedd office at MboeUanl!lOllR Book J)5. DlIglll 28:S, buing lI,n,d dooi<p1atecl in 511roh Dlilcluation, ~8 amended by ouch Tirlt AAenr1Il1Ant and SeCt/lid Amendment and Third bendrluimt.. alii unit Nu, S'1, A:I InOle t\tJ.ly described in 1iI1It:h lJeClaIll.t1ulI. II,S o.mendQd.. by a~ch Fi~et Am_"dmlllnt and s8cond Amendment ~nd Third Amendment t:ngeeheI with ill proportionate undivided !nt;B:rese 10 t.he CUll\lhOn z:lcmenta o.f :Il.1ch Condominiul'l III see fOIth ill liIuch Dec:1Il.u.eion 11,8 alflendllQ by th, Plrst JUnllhUlnene and Second Amendment and Third Amendment ~uJ 4.I.\y furthu Ulondlllent. theuU..n he:natteI r""\:iJ.t:dlld in the ~fo:l:e5aid office. 1 antB cunditione, ~ BUBJJCT to ~y and ,,1 covan 'Il. re&~.n~8 oY Iecoxd, ~~~1c~~on', rights Ot' WAY. ea~h::~t.~o~~:in:~ in che instruments including (b\.lt not liD'll idl1 o~~tCG 10 M1.,celltllloou, Pook vol. J04. teCOrollld in dth~i:~~i~:~ftouS HOOK vol. J04., pai"Q 5Ui. I'agl::: ZZ7, ilLn 80",1323 "GE. 526 J' t- ~.. . 'tJ . . . VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing Program of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he 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 knowledge, information 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. a(~ ~ *-<p~~, Anthony J. Julia Director of Accounting & Loan Servicing IDN3YL\D\N1A 1UBlN:; F.IN\N:E AGN:Y, :xRJICIN:; l'GNI' RR W"CHJJIA El'Il'K, N"a'lrN\L A93J:IATICN F/K/A F.IR3r lNKN N"a'lrN\L B"N< N3 S I I ~"'-I J{ 'IR.SIEE RR TIlE IDN3YL\D\N1A HJ.B:IN:; F.IN\N:E AGN:Y Date: Jl1'E 3, 2003 ~~~ ~. \.. '- ~ ~ C) ~ ~ ~ V\ C.i' ~ ~ ~ ~, &~, '- "- ~ '-" '- ~ '" <j '- ' '\., . ~\." ~F \ .-, , , ~;~ '. :::-:t- ).~ ~ ,. c l. :. ~) .~-) -, (,..; -.... SHERIFF'S RETURN - REGULAR CASE NO: 2003-02665 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS SIMINGTON KIMBERLY R BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SIMINGTON KIMBERLY R the DEFENDANT , at 2032:00 HOURS, on the 12th day of June , 2003 at 851 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055 by handing to KIM SIMINGTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.90 .00 10.00 .00 34.90 r~~t* R. Thomas Kline 06/13/2003 PURCELL KRUG HALLER Sworn and Subscribed to before By: ~y ~lriff 2 ~ me this do - day of ~ 2~3 . A.D. Cl . Q. /l4dIL. ~ Af91 "-1~onotary I SHERIFF'S RETURN - REGULAR CASE NO; 2003-06225 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND BANK OF AMERICA VS GRIFFIN MARY E SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GRIFFIN MARY E was served upon , at 1900:00 HOURS, on the 23rd day of April DEFENDANT at 183 RUSTIC DRIVE SHIPPENSBURG, PA 17257 POSTED PROPERTY AT by handing to 183 RUSTIC DRIVE SHIPPENSBURG a true and attested copy of COMPLAINT & NOTICE the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18.00 13.80 6.00 10.00 .00 47.80 Sworn and Subscribed to before <<- me this ;.lS' ~ day of Grd.. J-MJ'{ . A.D. '---JJ.<,U- Q 7fu~ ~ Frothonotary , So Answers; r~~ R. Thomas Kline 04/26/2004 WELTMAN WEINBjRG RE. IS By: Q(k t ~~ty Sh Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Ihaller@pkh.com W ACHOVIA BANK, NATIONAL ASSOCIATION F/KJA FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. NO. 2003 - 2665 Civil KIMBERLY R. SIMINGTON, Defendant IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. Date: October 26, 2006 o (~ ~ ~ 0""'" o (.-y -\ N ....J -c -?' ....;;,.... ~ 1.--n In r:. :89 7:~),O -i_~~ '-' -='1 '-po ~ - rv,