HomeMy WebLinkAbout99-03438COLDBECK MCCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg,
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
DOVENMUEHLE MORTGAGE CO. LP
1501 Woodfield Road
Schaumburg, IL 60173-4982
Plaintiff
Vs.
MARK A. ITTER
(Mortgagor (s) and Real Owner (s))
362 N. 24th Street
Camp Hill, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
9 - 3c/3g
' CIVIL 'ACTTOff'.
MM, THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
N 0 T I C E
You have been sued in court. I[ you wish to de en3against 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 norice 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 TARE 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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166 or 1 800 990 9108
LE RAN D£MANDADO A USTED EN LA CVR'l'e. [l Uccna u.f CNDERSE CONTRA LAS OUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO OUL USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER EERVIDO CON ESTA DEMANDA Y AVISO.
PARA DEFENDERSE ES NECESSARIO pUE USTED, 0 SU kDOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALOUIER OBJECCION CONTRA LAS OUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION.
ENTONCES, IA COUTC PUEDE, SIN NOTIFICARI0. DECIDIR A FAVOR DEL DEMANDANTE Y REOUERIRA OUR USTED CUMPLA CON TODAS
LAS PROVISIONS DE ESTA DEMANDA. POR RAZOR DE ESA DECISION, ES POSSIBLE pUE USTED PUEDA PERDER DINERO, PROPIEDAD
U OTROS DERECHOS IMPORTANTES.
LLEVC ESTA DEMANDA A IM MDGADO IMMEDIATAMENTE.
SI NO CONCCE A UN ABOGADO, LLAME AL "LAWYr.R REFERENCE SERVICE" (SCRVICIO DE REFERENCIA DE ASOGADOS),
215 230.6300.
Court Adminlatrator
CUmbriland County Courthousr, Carlia2e, PA
(717) 240 6200
Legal Seivicrs Inc.
B llvllle Row. Cdlllfile, PA 17613
(71'7) 243 V400
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is DOVENMUEHLE MORTGAGE CO. LP, 1501 Woodfield
Road, Schaumburg, IL 60173-4982.
2. The name(s) and address(es) of the Defendant(s) is/are
MARK A. ITTER, 362 N. 24th Street, Camp Hill, PA 17011, who is/are
the mortgagor(s) and real owner(s) of the mortgaged property
hereinafter described.
3. On April 12, 1994, mortgagor(s) made, executed and
delivered a mortgage upon the premises hereinafter described to
BANCPLUS MORTGAGE CORP., which mortgage is recorded in the Office
of the Recorder of Deeds of Cumberland County in Mortgage Book
1206, Page 847. By Assignment of. Mortgage dated November 14, 1994,
the mortgage was assigned to Plaintiff, which Assignment is
recorded in Assignment of Mortgage Book No. 486, Page 333. These
documents are matters of public record and are incorporated herein
by reference in accordance with Pennsylvania Rule of Civil
Procedure 1019(8).
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 December 1, 1998,
and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one
month, the entire principal balance and all interest due thereon
are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $ 96
Interest from 11/ 1/98 ,133.21
through 5/31/99 at 7.000% 3
999
24
Per diem interest rate at $18.82 ,
.
Attorney's Fee at 5%-
of Principal Balance
Late Charges 12/ 1/98- 5/31/99 4,906.66
Monthly late charge amount at $43.40 248.26
Costs of suit and Title Search 560.00
$ 107,847.1
Escrow Balance Deficit
Monthly Escrow amount $179.32
.001
309
$$ 108 156.38
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 based on work actually performed.
8. A Notice of Homeowners' Emergency Mortgage Assistance Act
of 1983 has been sent to the Defendant(s) by regular mail in
accordance with Act 91 of 1983 of the Commonwealth of Pennsylvania
on the date set forth in the true and correct copy of such notice
attached hereto as Exhibit "A ". The date of the postmark on the
Notice was the same as the date of the Notice. The Defendant(s)
has/have not had the required face to face meeting within the
required time and Plaintiff has no knowledge of any such meeting
being requested by the Defendant(s) through the Plaintiff, the
Pennsylvania Housing Finance Agency, or any appropriate Consumer
Credit Counseling Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
the sum of $108,156.38, together with interest at the rate of
$18.82, per day and other expenses incurred by the Plaintiff which
are properly chargeable in accordance with the terms of the
mortgage, and for the foreclosure and sale of the mortgaged
premises.
By:
ovi, r, cyrar F Y & McKEEVER
BY: J s A. Go dbeck, Jr., Esq.
Att ne for Plai tiff
VERIFICATION
I, EDWARD BAGDON , as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 1S Pa. C.S. 4904 relating to
uneworn falsification to authorities.
Date:_ MAY 25. 1999
EDWARD BAGDON n
ASSISTANT-VICE PRESIDENT r
#0008520132 - ITTER,MARK A.
LEGAL DESCRIPTION
r> y ?G
ALL THAT CERTAIN tract or piece of land situated in the Borough
of Camp Hill, County of Cumberland and State of Pennsylvania,
bounded and described as follows:
BEGINNING at a point on the western side of North 24th Street,
formerly Park Avenue, said point being 840* feet in a northerly
direction from the northwest corner of North 24th Street, formerly
Park Avenue, and Lincoln Street; thence in a northerly direction
along the western side of North 24th Street, formerly Park Avenue,
60 feet; thence in a westerly direction by a line at right angles
to North 24th Street, formerly Park Avenue, 119 feet to a point;
thence in a southerly direction by a line parallel with North
24th Street, formerly Park Avenue, 60 feet to a point; thence
in an easterly direction by a line at right angles to North 24th
Street, formerly Park Avenue, 119 feet to the place of BEGINNING.
BEING Lot No. 15 of lots laid out by Charles W. Strayer, said
plan being recorded in the Recorder's Office of Cumberland County
at Carlisle, PA., in Plan Book No. 1, Page 87.
HAVING thereon erected a two story frame dwelling house being
known and numbered as 362 North 24th Street.
UNDER AND SUBJECT to all easements, restrictions, encumbrances
and other matters of record or that a physical, inspection or survey
of the premises would reveal.
BEING THE SAME PREMISES WHICH James E. Speedy and Mary Speedy
by their deed to be recorded simultaneously herewith in the office
of the Recorder of Deeds of Cumberland County, granted and conveyed
unto Mark A. Itter.
Y.
EXHIB.J."I'A
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
HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE.
The Commonwealth of Pennsylvania's Homeowners' 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 800/342-2397.
La notificacion en adjunto es de suma importancia, pues afecta su
derecho a continuar viviendo en su casa. Si no comprende el contenido
de esta notificacion obtenga una traduccion immediatamente llamando esta
agencia (Pennsylvania Housing Finance Agency) sin cargos al number
mencionado arriba. Puedes ser elegible pars. un prestamo pro el
prcgrama llamado "Homeowners' Emergency Mortgage Assistance Program" al
cual puede 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 PAYdENTS.
Dovenmuehie Mortgage, Inc. 1501 Woodfield Read Schaumburg, IL 60173-4982 (847) 619-5535
March 05, 1999
Mark A Itter siNCe aa<
362 North 24th Street
Camp Hill PA 17011
RE: Loan Number 0008520132
Dear Mortgagor:
You may be eligible for financial assistance that will prevent
foreclosure on your mortgage
of the Homeowners, if you comply with the provisions
(the "Act"). Y Emergency Mortgage Assistance Act of 1983
ou may be eligible for 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 meet the eligibility requirements of the Act as determined
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-facell meeting with a representative of this lender, or
with a designated consumer credit counseling agency. The purpose
of that meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. That meeting must occur in the
next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a
consumer credit counseling agency identified in this notice, no
her proceedings in mortgage foreclosure may take place for
thirty (30) days after the date of that meeting. The name,
address and telephone number of our representative is:
Collection Department
Dovenmuehle Mortgage, Inc.
1501 Woodfield Road
Schaumburg, Illinois 60173-4982
800/669-0340
The names and addresses of designated consumer credit counseling
agencies are on the attached sheet. It is only necessary to schedule
one face-to-face meeting. You should advise this lender immediately
of your intentions.
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
Your mortgage is in serious default because you have failed to
pay promptly installments of principal and interest as required for
a period of at least sixty (60) days. The total amo unt of the
delinquency is $ 3649.13.
That sum includes the following:
Total of monthly payments from: 12-01-98
All accrued late charges, if any: $ 144.97
Property inspections if any: $ 14.50
NSF charges if any: $ .00
Other charges accrued, if any: $ .00
Less: Suspense (unapplied funds): $ .00
TOTAL AMOUNT OF DELINQUENCY: $ 3649.13
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. 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.
DL140
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
.•M A Itter
March 05, 1999
PAGE 3 OF 4
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.
The Pennsylvania Housing Finance Agency is located at:
2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105.
Telephone Number: 717/780-3800 or Toll Free at 800/342-2397.
Persons with impaired hearing can call 800/342-2397.
In addition, you may receive another notice from this Lender under
Act 6 of 1974. That notice is called a "Notice of Intention to
Foreclose". You 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 this notice, we cannot foreclose
upon you during that time. Also, if you receive financial assistance
from the Pennsylvania Housing Finance Agency, your home cannot be
foreclosed upon while you are receiving that assistance.
Very truly yours,
Dovenmuehle Mortgage, Inc.
Edward Bagdon
Assistant Vice President
Collection Department.
Loan Administration Division
Enclosure
Via Certified Mail and Regular Mail
DL141
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173.4982 (847) 619.5535
Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria
established by the Act.
I
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03438 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DOVENMUEHLE MORTGAGE CO
VS.
ITTER MARK A
BRIAN BARRICK _, Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORI' FORE was served
upon ITTER MARK A the
defendant, at 1904:00 HOURS, on the 11th day of June
1999 at 362 NORTH 24TH STREET
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to MARK A. ITTER
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00 nomas i e, er
$35.30 GOI?DB$CK MCCAFFERTY & MCKEEVER n
06M 1999
by I '-1Tep-I?y? Shy 1 _ _
Sworn and subscribed to before me
this day ofQ -----
19 0?9 A.D.
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?r-F??o t o o y
,GOLDBECK, McCAFFERTY & McKEEVER
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
BY: MICHAEL T. MCKEEVER, ESQUIRE
Attorney I.D. #56129
Attorney for Plaintiff
DOVENMUEHLE MORTGAGE CO. LP
1501 Woodfield Road
Schaumburg, IL 60173-4982
Vs.
MARK A. ITTER (Mortgagor(s))
362 N. 24th Street
Camp Hill, PA 17011
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term cam-.) c
No. 99-343811°-
a r.?
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Settled, Discontinued and Ended
upon payment of your costs only.
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