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FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
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ATTORNEY FOR PLArnfIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
SOVEREIGN BANK
525 LANCASTER AVENUE
READING, PA 19611
TERM
Plaintiff
CIO'tL~~~
v.
NO. 61 -1s.f'71
CUMBERLAND COUNTY
JOHN F. GARNER
823 BRIAN DRIVE
ENOLA, P A 17025
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**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
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 attomey and filing in writing with the court
your defenses or obj ections 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 #: 176315883
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IF TillS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTIIERWISE, TilE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
TmRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) TilE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGII TilE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTIIERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
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1. Plaintiff is
SOVEREIGN BANK
525 LANCASTER AVENUE
READING, PA 19611
2. The name(s) and last known addressees) of the Defendant(s) are:
JOHN F. GARNER
823 BRIAN DRIVE
ENOLA, P A 17025
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 04/23/99 mortgagor(s) 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. 1536, Page 797.
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 8/01/01 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.
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
7/01101 through 11101101
(per Diem $11.78)
Attorney's Fees
Cumulative Late Charges
04/23/99 to 11101101
Cost of Suit and Title Search
Subtotal
$55,667.24
1,460.72
1,000.00
122.04
550.00
$58,800.00
Escrow
Credit
Deficit
Subtotal
TOTAL
0.00
75.34
$ 75.34
$58,875.34
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. 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. 91680A03c.
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 Plaintiffs written Notice to Defendants;
or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$58,875.34, together with interest from 11101/01 at the rate of $11.78 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
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/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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ALL THAT CERTAIN u~t Ln tne proparty known. namQd and LdentLfLed Ln the
D@c~arat~on P~an~ referred to belcw as Westwood Vi~~age CandQ~~n~um ~cca~ed
~~ Ea.~ Penn.Dora Tcwnehip, Cumber~and Coun~I~ Commonweal~h o~ ~Pennsy~vania.
which has' heretofore been suhmit~d to tbe provis~on5 of ~he Unit Property
Ac~ of Pennsy~v~a, Act of Ju~y 3. ~9g3. P.~. 196, QY the r.co~~ng ~n ~e
O~f~Q. o~ ~h. ~oo~der Qf ~eedB o~ CUmb.~~and Coun~y~ ~ennsy~van~a, o~ .
Dq,c;J.ara"'CiCl\. CJ:'ea."C:.ng .ana E.s1;ab~.1s.h:1.n~ w..~t'Wooc:l V::L~.4ag. Cendom~n,;Lum d.a-.:eci
JanUArJ 29, 1975 an~ recQrded on ~anuary 29, 1975, ~n M~sc~ BOok 2~3, Page
283, and .~end.d by a Ce~a~n F~rs~ Am.ndmen~ ~o Dec~~r~~1on ere8t1ng and
Es~ab.ish~ng Westwood V~1~age Condom~n~um 4a~ed May 28, 1976, and ~QCOrd8d
On June 22, 1976, ~n MLsc. Book 222, Page 729, and a cer~a~n Second Amendment
to D.~arat~on Creat~ng and ~stab~Lsh~ng Westwood VL~~ag. Con4omin~um 4atad
~u~y 3~~ 1976, and recorded on Ju~y 26~ ~976, ~n M~.c. Soo~ 223, Page 343,
ana a ceX'''eaj,.n 't"hj.rc1. Amendment to Cec.J.ara1;j"on Crfiia.'e..1.ng and E.s1:a.bl.is:n:Lng
~estwoQd V~1&ge Ccndom1n~um d~~.d June gr 1975, and reco~de4 on June 23,
l.g?'8, J..n M.:Lac.. .ool< 236, PAgllliiill 225" one;! a. certa.!.n FOl.lrth Amendman1: to
D~c~ara~Qn Cre.~~~o and .s~ab~ishing We~twood V~1~a9Q CondO~~n~ da~ed JunQ
~3. 1978. and recorded on June 23. ~978. ~n M~sc. Book 236. PagQ 250. and a
certa~n ~~~th Amendment to Dec~erat~on C&eatinq and EstaoL~$hing W~8twood
Vi~~age CondomLn~um dated January 9, ~979 and recorded on January 23 ~979
.il~ M.:I.sc. Book 240, page 884, and " cer'C...~n SLxtn Amendment; to Dec~arat~o;'
. .
Creat~ng .,nd, S.~.b~.:I.sh.n'l ~~Q'w..W y+~~'.. ~~~8.~~~~Y~ _..e~ M'.." .. ~-~.,
ana ..ec:crd.ed Mau;c:R .la, 998. .i.n M~.lJC. Scu:::I}c 341, page S~6:1 anc1 a oar'1:aj"n
Savan1:h" AmendDUan1: 1;0 gec.ara1:~gn C:r:...-c:1.:ng and Z.t:a:bl..:l..Q~:i.nS' W'es1:'W'ooQ Vi.l..~ag"
COndom~~wm da~e4 November $.. 1979, and recc~ded November 27. ~979~ ~n M~sc_
Becle, :6'4',9. 'P.ge 32'3,. and a Cod.e o:f' Requ.J..a1::!.ons oj! Wes"t:Wooa. COndominium da"t:;e.d
~aftuo~ 29, ~97~r and rGcc~d.d on ~anua~ 2, ~975.. ~n M~sc. Book 2~3.. ~age
329_ and &mended by a c::.:-ea.:L.n F.;L:rst AmendDIent "to Code of RegU.1.ai:::j,.Qn~Of
'Wes~woad v~~~ag. COndom~~um dated May 28, 1975, end rQco:dad on June 2.
1976 ~n ~s~ BC~ 222, ?age ~~7.. and Oe~ara~1on P~an o~ Wes~wcod V~L~ ge
COncl.QR\~n:l....m dated January 29, 1975 and rec.",ded on January 29, ~975, in J'~an
Sock 26, page 15. and amandad by certa.:l.n V~rs~ Amendment to DeclaratLon P~an
QI-: \lies"t:'Wood V.i.1.~ag. ean.dcl'ft-in:Lum da"t:Gd JU~A1 21... .1976.. and recorded. on J'Y~Y 26.
1976, Ln plan Book 28, Page 72, and amended by a ce~~a~n Second Amendment o~
OQC~a:r;"Clt:1.0n P.l.an o~ WCU,1:wood V.1.l...1.age Conclgm:L.n,;lum c1a:ta<1 JUJ:'le ~6# 1.978 and
racor~ed en June 23, 1978, ~n P1an Seck 33, P~gQ 28, and amended ~ a cart~n
~h~.d Amendmsnt ~o Oec.arat1on ~~an o~ Westwood V~~~agQ Condomi~Ym da~ed
~anu~~ 9~ ~979 and reCQrUea ~anuery 23, 1979, ~n p~~ Book 34, Page ~OO~ and
amend.ed .by . c:er1;a~n !"ou~l':I. J\mendment 1:Q oee~arlS"Ci.on P.I.an of 'Westwood Vj,,11.~ge
ConQamin~um dat.Q March~, ~979 end recorQsd March 12. 1979, ~n P1~n ~cok 35,
p13.ge 3 I and amended. by a certain F;i..f't:h ~ndm_n.-C to DQc~arat:llQn P1.an of
We.stwQcd V:i.~1.age Condom.i.n.i.u.m da1:'ed November a, 1979 and re<:,orded Wovember 27 I
1979, ~n P~an Book 37, page 7, being des~gna~ed on sa1d Oec1aration P1an of
W.stwood v:1.l.~ag. CQndomin.1.um a. Vn.:l.1;, NQ. 823, L52-"t'3, in BlocJ.c No.5,
Bu:i..la~ng .No. ~2,. lCnown as 823 B:-i.an Ori.vs, Kno~a,. Cumb.X"~a:'\d Coun"Cy,.
~nnay~va~a,. as more ~u~~y d.sc~~bed ~n such O~c~ara~ion Plan and
Oec~ara~~on Crea~~ng .nd Estab~~s~ng Westwood V~~~8g8 Con~Qm~ium,. as the
s.me ,appears of record &. set for~h above,. ~~e~ud~ng any am.namen~s there~o,.
TOGE~~E~ w~~h a prOpor~iQ~ate undiv~ded i.n~erest ~n ~h. Common E~emen~a {aa
de~;tn.d .:i.n Queh O.d~a:'a.'t:Lon o~ Ni.nQ JiundrQ(! E1.ghteen Thou.a~d.'t;bEl percent
( .9~a%'l
BEING the same 'prem.:l.aes wh~gh Robert C. Sgott and Caro~ R. Scott, h.:l.s ~~fe by
theLr ~eed aated Apr~~ 49, ~S~Z and regorded ~n C~mber~and Coun~ Recorder of
Oeeds Of:f.1c::e in Book PagGl granted and conve.yed un"eo Lemue..l P_
Sturms, Gr~n~or he~.~n. .
UNDER AND
cond,:l...~i.ons f
SUSJECT,
covenonts,
NEVERTRELESS,. to ~~~ res~~~ct~on$, ras8rvat~ons,
easements and r~ght5 o~ way or pr~or record.
PREMISES BEING 823 BRIAN DRIVE
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VRRTFTCATTON
CONSTANCE M. COCROFT hereby states that he/she is VICE PRESIDENT of SOVEREIGN
BANK 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 ofhis/her knowledge, infonnation 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 fo authorities.
c~~c?~
DATE:
1//7f#/
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06877 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK
VS
GARNER JOHN F
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
GARNER JOHN F
the
DEFENDANT
, at 1425:00 HOURS, on the 11th day of December, 2001
at 823 BRIAN DRIVE
ENOLA, PA 17025
by handing to
JOHN GARNER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.75
.00
10.00
.00
37.75
So Answers:
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R. Thomas Kline
12/12/2001
FEDERMAN &
Sheriff
Sworn and subscribed to before By:
\.....
day of
me
A.D.
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FEDERMAN AND PHELAN, LLP
. By: Prank Federman, Esquire
Atty. J.D. No.: 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, P A 19103-1814
(215) 563-7000
Attorney for Plaintiff
SOVEREIGN BANK
Plaintiff
Court of Common Pleas
CUMBERLAND County
No. 01-6877 CIVIL
vs.
JOHN F. GARNER
Defendant( s)
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE ,
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
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Frank Federman
Attorney for Plaintiff
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