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HomeMy WebLinkAbout99-03152 did ? .; ii ??y iz? ',,',?? i '? :`? ??} Rr` al `Yife i rr ;;t ;? >' `;: 'a?; ''tire :': '..r:' SHERIFF'S RETURN - REGULAR CASE NO: 1999-03152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALASKA SEABOARD PARTNERS VS. FLORA LARRY D ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE was served upon FLORA GEORGANNE L the defendant, at 10:15 HOURS, on the 27th day of May 1999 at 211 RED TANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County, Pennsylvania, by handing to ANGIE BAILEY (DAUGHTER) a true and attested copy of the COMPLAINT IN MORTGAGE together with FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing service Affidavit Surcharge Sworn and subscribed to before me this ,1 S "; day of " 19-q I A.D. rci n?Y7oLGiry So answers: - --' 6.00 .00 ry/ .00 irS 8.00 Mom as in eri -05/28 AN & PHELAN by V,0 , epu y S eri . SHERIFF'S RETURN - REGULAR CASE NO: 1999-03152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALASKA SEABOARD PARTNERS VS. FLORA LARRY D ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN MORTGAGE was served upon FLORA LARRY D the defendant, at 10:15 HOURS, on the 27th day of May 1999 at 211 REDTANK ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County, Pennsylvania, by handing to ANGIE BAILEY (DAUGHTER) a true and attested copy of the COMPLAINT IN MORTGAGE together with FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 4.96 Affidavit .00 Surcharge 8.00 l.mo as ineeri' $30.96 FE _05/28 1999 PHELAN by epuLy a ie i Sworn and subscribed to before me this ?S day of 19 _ A. D. r it n?? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (23.5) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 323 5TH STREET EUREKA, CA 95501 V. Plaintiff TERM NO. 99 nn C_ LARRY D. FLORA GEORGANNE L. FLORA 211 RED TANK ROAD, A/K/A 273 RED TANK ROAD BOILING SPRINGS, PA 17007 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY ORMATION 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 323 5TH STREET EUREKA, CA 95501 2. The name(s) and last known address(es) of the Defendant(s) are LARRY D. FLORA GEORGANNE L. FLORA 211 RED TANK ROAD, A/K/A 273 RED TANK ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. Mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, as follows: Date Original Mortgagee Book No. Page 7/13/84 CUMBERLAND VALLEY SAVINGS 756 227 The Mortgage referred to herein was assigned as follows: Recorded Assigned To Book No. Pace 6/11/96 MERIDIAN BANK 522 186 8/8/96 PLAINTIFF 527 418 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 4/1/98 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." 6. The following amounts are due on the mortgage: Principal Balance $33,026.84 Interest 3,233.34 3/1/98 through 5/1/99 (Per Diem $7.59) Attorney's Fees 800.00 Cumulative Late Charges 276.32 7/13/84 to 5/1/99 Cost of Suit and Title Search 550.00 Subtotal 37,886.50 Escrow Credit 0.00 Deficit 701.84 Subtotal 701.84 TOTAL $38,588.34 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. Notice of Intention to Foreclose has been sent to Defendant(s) by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit °A.° 9. 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 "Bn, or (ii) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 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; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $38,588.34, together with interest from 5/1/99 at the rate of $7.59 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. /s/ F ank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN Suite 900 Two Penn Center Plaza Philadelphia, PA 19102-1799 215-241-1711 Fax: 215-568-7617 April 14, 1999 CERTIFIED MAIL Larry D. Flora 211 Red Tank Road, a/k/a 273 Red Tank Road Boiling Springs, PA 17007 Re: Loan No.:1360515 Representing Lenders in Pennsylvania and New Jersey b Georganne L. Flora 211 Red Tank Road, a/k/a 273 Red Tank Road Boiling Springs, PA 17007 NOTICE OF INTENTION TO FORECLOSE We represent Security National servicing Corp., servicer for the holder of a mortgage on your property located at 211 Red Tank Road, a/k/a273 Red Tank Road, Boiling Springs, PA 17007, which mortgage is in SERIOUS DEFAULT because you have not made the monthly payment of $406.10 for 4/1/98 through 4/1/99 and or because N/A. Late charges (and other charges) have also accrued in the amount of $296.72. The total amount now required to cure this default, or in other words, get caught 'up in your payments, as of the date of this letter is $5,576.02. 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $5,576.02, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made at Suite 900, Two Penn center Plaza, Philadelphia, PA 19102. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If % I I LI A full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we 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 costs. If you cure this default within the thirty day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately six months from the date of this letter. A notice of the 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 will be by calling us at the following number: (215) 241-1711. This payment must be in the form of certified check, cashier's check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO. THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSM-2 THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCLMSTANCES THIS MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE. THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ii If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Very truly yours, FEDERMAN AND PHELAN Hy: &tA Fra c Federm n FF:ll cc: Professional Lender Alliance, LLC (CA) Attn:Richard Powers Loan No.:1360515 CERTIFIED MAIL NOS.:Z 338 154 293, 294 ? y? N1 V? ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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"HEREINAND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF ?OU 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397. La notification en adjunto es de sums importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania. Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo par el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. ( ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date April 14, 1999 RE: Account No. 1360515 17007 Premises:211 Red Tank Road, a/k/a 273 Red Tank Road, Boiling Springs, PA TO: Larry D. Flora Georganne L. Flora 211 Red Tank Road, 211 Red Tank Road, a/k/a 273 Red Tank Road a/k/a 273 Red Tank Road Boiling Springs, PA 17007 Boiling Springs, PA 17007 FROM: Federman and Phelan, attorney for Security National Servicing Corp. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you most other eligibility requiramants established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this EX03 i B 11 lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. 11 If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. As representative of the mortgage holder, our name and address is: FEDERNBN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102; Telephone Number: (215) 563-7000. The names and address of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $5,576.02. That sum includes the following: Total of Principal plus interest including all accrued late charges, if any: $5,576.02 Property Inspections and NSF check Charges, if any: Other charges accrued, if any 60.00 0.00 LESS: Suspense (unapplied funds) 0.00 TOTAL DUE: $5,576.02 . Your mortgage is also in default for the following reasons: N/A If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do rot do so, or if you do not foUow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. i The Pennsylvania Housing Finance Agency is located at 2101 forth Front Street, Post office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons wit1 impaired hearing can call 1-800-342-2397. t r? In addition you may receive another notice from this lender underlAct 6 of 1974. That notice is called "Notice of Intention to Foreclose". lYou must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in:ithis notice, you cannot be foreclosed upon while you are receiving that assistance. , 1! Very yt"rru'ly yours, FED?tyart[v RND HE By: ? Frank Fede an FF/11 cc: Professional Lenders Alliance, LLC (CA) Attn:Richard Powers Loan No.:1360515 Sent by Regular Mail, Certificate of Mailing (PS Form 3877) A za1w PE` NSYLYANU HOL:Sr4G MiANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGR-MM CONSUMER CREDIT COLNSELD G AGENCIES CRAW-FORD CO= Honker T. washine-ton Center 1720 Holland Stree Erie, PA 16503 (814) 453-5744 FAX * (814) 453-5749 Grate: Erie Community Arlon Cotamim= 18 W-r, Ninth Stare, E_ie, PA 16501 (8114) 359=581 FAX 0 (813) 456-0161 Sheaaago Valley Utbanlc League. Inc. 601 !nd:aaa Avenue Pa.-.[L PA 16171 (413) 981-5310 John F. Kemaedy Center, Inc. 30:1 Fast 20th Street &ie. PA 16510 (814) 898-0400 FAX # (814) 898-1343 CLNE3ERLkN-D COn-TY Consumer Credit CourseUng 2000 Limelestowa Road Harsbtug, PA 17103 (71? 54l-1757 FAX 4 (913) 791-9539 Se:-rice of Wes:--= P :s ' hale Inc. F3 ra! Col-saling Services of Fm-kUa 31 West 3rd Street V.a;mesboro, PA 17:68 (717 76.•3_95 , Urban. League of'Yte=poL= Iarisbur; '-!07 North 6th Street Harr-sburg, PA 17101 r 17 =- 59'5 FAX .4 (71' 334-9459 YWCA of Carislc 301 G. Street Carlisle, PA 17013 r1) 243-3318 FAX A (117) 731-9589 Cn=,._ izy .a-aan Ccc= issior of the Capital Region 151_ De::v Street a.=:sbum PA 17104 F.?..Y e (717 33-.3. The P=syivania Hot:shtg Financ Agear can be teethed TOLL FRE.: at 1(800) 34:-2397 ALL that certain tract of land located in South Middleton Township, Ctsaberland County, Pennsylvania, being bounded and described according to 1Pi31e1 minor subdivision Plan drawn by Stephen G. Fisher, Surveyor, dated April 7, 1983, as follows, BEGINNING at a P.K. nail not in Fed Tank lead, T-5421 thence south 75 degrees 33 minutes 20 seconds West 165 feet to a P.M. nail seer, thence by tot No. 1 of the above-rererred- to Plan. North 15 degrees 03 minutes 42 seconds East, 661.31 feet to an iron pin seer than=e by land now or formerly of Snook, south 84 degrees SS minutes St, seconds rase, 152.25 rase to an iron pin sets thence by Lot No. 3 of the above-referred-to Plan, South 15 degrees 39 minutes 39 seconds West, 606.49 feet to a point, the place of BEGINNING. BEING Lot No.2 of the abova-mentioned Final Minor Subdivision Plan and containing 2.13 acres. BEING the same premlees which Iwo V. Otto, Jr., by deed dated October 21, 1983, and rc?orded in Cumberland County Deed Book M, vol. 30, Page 683, granted and conveyed to Cumberland Developers, Inc., Grantor herein. Under and Subject to a certain right-of-way in favor of Metropolitan Edison Company dated and recorded in Cumberland County Nine. Book Page 8CUq'773 PREHISES: 273 RED TANK ROAD, A/K/A 211 RID TANK ROAD BOILING SPRINGS, PA FRANK FEDERMAN, ESQUIRE hereby states that he is attorney 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. DATE: 5-17'GG l r_ 2 j V v a? a d ?- Z v n o c q o ?- W