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Home My WebLink About99-00890 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff NORWEST BANK MINNESOTA, N, A. AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 FOR SOUTHERN PACIFIC SECURED ASSETS CORP., MORTGAGE LOAN ASSET- BACKED PASS-THROUGH CERTIFICATES SERIES 1998-2 WITHOUT RECOURSE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 99-890-CIVIL Plaintiff vs, VIRGINIA A. HATTON Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. "l-- r'l ~ -r gj,_____ FRANK FEDERMAN, ESQUIRE Attorney for plaintiff Date: ~pril 1. 1999 (@) ...... ("0.1 '>- 0: Lr. l:; ..c . - ,..::: ~..-t' UJ ~~~ N ()~) ~~(J ..-. ~.J :'::: 1-i::1.: CJ... :.:1:"..:1 0"" .<r .e :- :'"11.0 0" I -~) ;2: "jt.' . :',1:2: ::-..J, , Cl':: ;.L1lU [--1.-'- '-:1.: Cc.. ":D[.l- 1,-, "'" :2 lJ... en ::) 0 O~ (.) ...'. ,r:" , . .. FEDEID1AN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF NORWEST BANK MINNESOTA, N.A. AS TRUSTEE UNDER THAT CERTAIN POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 FOR SOUTHERN PACIFIC SECURED ASSETS CORP., MORTGAGE LOAN ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 1998-2 WITHOUT RECOURSE. 3650 NORTH LAUGHLIN ROAD SANTA ROSA, CA 95403 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. Cf:1.89D C.u..uD1e-rl"\ i I I I I I , ! i , VIRGINIA A. HATTON 1 EAST MAIN STREET SHIREMANSTOWN, PA 17011 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. r I, F . ~ I. , I .. TRUE COPY FROM RECORD CUMBERLAND COUNTY tn Tesliroony wi'ler!ll.'\f, I tl'3rtJ lInto ~ nry< llan~~~~~~~~D A~~~~~Y BAR ASSOCIATION W,e ~ereby certify the aocJ the seal of said Court 01 Ganis/G, Pa. CARLISLE PA 17013 Within to be a true and This Ir~1/ cla~ o1.{!h., lrCJ'/ (717) 249-3166 correci copy of the M1J ,0 \ \ -iliiUnn,(Y1l ~f . original filed of record : Prothonotary FEDERMAN AND PHELAN 1- '-fE3. 2.199S 9:39AM SPF,: fCRE<:LOSURE/8ANKRlJP-C'( 1'11),710.1 P. :" '>l''''' 'lit ,..",,'PIII..",., j"(.......-u-....li"l~lS~;N ,.~-_.,.'.-".1 I :SPt;C : Lear. Counseling Depart-me:'!': P.O. Box 806041 Petaluma, CA 94975-8041 November 04, 1998 virginia Ha':.con 1 East ~ain S:. Shirel1\ll.ns town , l?A 17011 Re: Notice of Default and Notice of Intention to Foreclose Under Section 403 of Pennsylvania Act ~o. 6 of 1974 Loan Number: 6515000812 Mortgaged Premises: 20 Big Horn Ave Mech&nicsburg PA 17055 The mcrtgage held by Southern Pacific Funding corporation (hereafcer we, us or curs) on your property shown above, IS IN SERIOUS DEFAULT because you have not:. made the monthly instal:ments for the 1T.0nths of SE?I'EM3E~ 1, 1998 through NOVEMBER 1, 199B. The tota~ amount now required to cure t:.his default. in other words, catch up your payments, as of the date of this letter, is $ 2,595.33. You may cure this default wi:hin THIRTY (30) days of tl-.e date of this letter, by paying to us ths !Wove amOUl'lt plus any additional monthly payments and late eharges which may fall due during t:.hi~ period.. Sl.lch payment:. must be made either by cash, cashier's check, cercified check, or money order, payable to Southern Pacific Funding Corporation. !f you do not cure the default wi::hin THIRTY (30) DAYS, WE I~"IENI) TO EXERCISE OUR RIGHT TO ACCELERATE: T:~ MORTGAGE PA"tMaiTS. This means that whatever is owing on the original amount bo~owed will be co~sidered due irnnediately ar.d you reay lose ~he ch~~ce to payoff the original mortgage in monthly installments. If full payment 0: the amount of default is not made within THIRTY (30) DAYS, WE: ALSO INTSND TO IllSTRUCT OUR ATTORNEYS '1'0 STAR'!' 1\. LAWSUIT TO FORECLOSE YOUR MOR":'GAGE PRopERTY. YOU SHALL HAVE '!'HE RIGHT TO ASSERT IN THE FOR:::CLOS1JRE PR.OCE:E!l!NG 'tHE NON- EXIS'1'E!NCE OF A DEFAULT OR eTHER [)EF~SE T:-1AT YOU MAY HAVE TO ACCELERA':'ION OR FORECLQSt:m:. IF THE MORTGAGE IS FORECLOSED. YOUR MORT- GAGED l?ROPERTY WILL BE SOLD BY THE SHERIFF TO PAY 0:'1" THE MORTGAGE DEET. If we refer your case to our attorneys, DU':: you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable coses. X:::302 / 002 Lor 3e!!O NOR"" L.AlJG><CIN RQAC' SANT' RC5U CA 9S403ITEIo \107) !!ee-Z700 EXHiBIT A '-"FE:3. 2,1993 9:391'l~1 SFf"r: FO<E:(;LOSURE:/8Ar~KRUP-C'! ~IO. 714 p, :0 I sf5l:{f] I...., .. '. ';.t1ql"11t,f'fr.'J PII(".IIII f:1)",'ult~6 Cl.)HI-'C.)f~~tl(,)N Loan Counseling Departmen~ l?0. Box 808041 Petaluma, CA 94975-8041 November 04, 1998 Virginia Ha':.t:on 1 East lIlai:l S:. Shiremanstown, PA 17011 Re: Notice of Default and Notice of Intention to Foreclose Under Section 403 of Pennsylvania Act Ko. 6 of 1974 Loan Number: 6615000812 Mortgaged Premises: 20 Big Rom Ave Meohaniceburg PA 17055 The mortgage held by Southern Pacific Funding Corporation (hereafter we, us or ours) on your property shown above, IS IN SERIOUS DEFAULT becau&e you have not made the monthly instal~ments for the ~onths of SEPTEMBE~ 1, 1998 through NOVEMBER 1, 199B. The toeal amount now required to cure this default, in other words, catch up your payments, as of the date of this letter, is $ 2,595.33. You may cure this default within THIRTY (30) days of the date of this letter, by paying to us ths above amount plus any additional monthly payments and late charges which may fall due during this period. suoh payment must be made either by cash, cashier's check, certified check, or money order, payable to Southern Pacific Funding Corporation. If you do not cure the default wi:hin THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE: T:iE MORTGAGI:': PAYMENTS. This means that whatever is owing on the original amount bo~rowed will be cor.sidered due immediately ana you ~ay lose the ch~'ce to payoff the original mortgage in monthly installments. If full payment 0: the amount of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO STAA1' A LAWSUIT TO FORECI.oOS3 YOUR MOR':'GAGE PROPBRTi'. YOU SHALL HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON- EXIS1'ENCE OF A DEFAULT OR OTHER DElFE.'lSE THAT YOU MAY HAVE TO ACCELERA':'ION OR FORECLOSt.'RE. IF THE MORTGAGE IS FORECLOSED, YOUR MORT- GAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY O?F THE MORTGAGE DEBt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable coaes. XC302 / 002 L~ 3e!50 NQR'IH L.AVGMl,N I'lcAO' SANT~ R09~' CA 9!5403 no:\.; \7071 see.Z700 EXHIBIT A SCHEDULE A CONTINUED commitment No. PACUO~80075 )J r~ Legal Description ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, cumberland County, pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Big Horn Avenue at the eastern line of Lot No, 51 as shown on the Plan of section I, Mt, Allen Heights; thence along the eastern line of Lot No, 51, North 05 degrees 07 minutes 00 seconds West, one hundred sixteen and forty-six hundredths (116,46) feet to a point; thence along lots in the plan of section 2, Mt, Allen Heights North 84 degrees 53 minutes 00 seconds East, ninety-eight and zero hundredths (98.00) feet to a point; thence along the western lien of Lot No, 53 as shown on plan of section I, Mt, Allen Heights, South 05 degrees 07 minutes 00 seconds East, one hundred sixteen and forty-six hundredths (116.46) feet to a point; thence along the northern line of Big Horn Avenue South 84 degrees 53 minutes 00 seconds West, ninety-eight and zero hundredths (98,00) feet to the place of BEGINNING, - - BEING Lot No, 52, plan of section I, Mt, Allen Heights, said plan being recorded in the Cumberland County Recorder's Office in plan Book 18, Pages 14 and 15, rs. HAVING THEREON ERECTED a 2 story brick and aluminum dwdling known as No, 20 Big Horn Avenue. ------ 19 I This commitment is invalid unless the inauring provisions and schedules ^ and B are attached Chicago Title Insurance Company C~ , '. .. . "",~ "'~I" ,_,~'~~'",-~ . . . . --- ,',- 'I '" ~:~.__~~ . '-- .- t.. !'j , l >- a:; <.l ~. (""', U I;, ~,,~~ i' - ;!.~ ;:7. c..L.c; u:;:. . '::,) 11 r IJ._.. ~>: ~.i \, -I-' ....... d 8- I.) If) lJ; -::t:' l:fi J :-t-'-: )oJ: )- J... " e::: o : a ~l: <( 0. UJ "i f- "":. f-~:u, 0 :1- .z :~: ;~:c : u;j) : f- ~ 0: '0 ti f-'.N. g: iz I: . --..J - 'J: : . ,.<~' ;. -': -:l '" . r;!i a. \j'~.,(, Q:..~ ~r 1:<!)"-.". '"u . 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