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Home My WebLink About03-3760GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. G. OLDBECI~ JR. ATTORNEY I.D. #16132 SUITE 500 -- THE BOURSE BLDG. 111 S. INDEI~ENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF CITICORP TRUST BANK, FSB F/K/A TRAVELERS BANK & TRUST CO., FSB 7467 New Ridge Road Suite 222 Hanover, MD 21076 Plaintiff VS. WENDELL C. BIGGS Mortgagor(s) and Real Owner(s) 222 E. Main Street Shiremanstown, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Te~n~ CIVIL ACTION: MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU W'ILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have I~en sued in court. If you wish to defend against the claims set fotlh in the following pages, you must take action within ~niy (20) days after the Complaint and notice are served, by entering a written appearance personally or hy attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wan~ed that if you fail to do so the case may proceed without you and a judgment may be ente~d against you by the Court without thrther notice for any money claim in the Cmnplaint of for any other claim or relief requested by the plaintiff You may I~se money or prope~y or other fights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. 1F 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 L~ert~ Avenue Carlisle, FA 17013 LEGAL SERVICES iNC 8 Ir~ine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DF. SEA DEFENDERSE CONTRA LAS QUEJAS PEKESENTADAS, ES ABSOLUTAMENTE NECESSAP~O QUE USTED RESFONDA DENTRO DE 20 DIAS DESFUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSAP~!O QUE USTED, O SU ABOGADO, P~EOISTRE CON LA CORTE EN FORMA ESCI~ITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBIBCCION CONTRA LAS QWEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO KEPONDE A ESTA DEMANDA, SE PUEDE PROSEOUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE pLrF~DE, SIN NOTIFICARIO, DECIDIR A FAVOR DF~L DEMANDANTE Y I~EQUEILIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONE$ DE ESTA DEMANDA. FOR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PU~DA PEP, DER DINERO, FROPIFDAD U OTROS DERECNOS IM]?ORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO EvfMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE Rt~ERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 71%243-9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plain. tiffis CITICORP TRUST BANK, FSB F/K/A TRAVELERS BANK & TRUST CO., FSB, 7467 New Ridge Road, Suite 222 Hanover, MD 21076. 2. The name(s) and address(es) of the Defendant(s) is/are WENDELL C. BIGGS, 222 E. Main Street, Shiremanstown, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On March 18, 2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CITICORP TRUST BANK, FSB F/K/A TRAVELERS BANK & TRUST CO., FSB, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1601 Page 437. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due April 23, 2003, 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 Interest from 03/23/2003 through 07/31/2003 at 11.3640% Per Diem interest rate at $18.55 Attorney's Fee at 5.0% of Principal Balance Late Charges due Costs of suit and Title Search $58,757.77 $2,411.50 $2,937.89 $147.30 $9OO.0O $65,154.46 $65,154.46 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. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A". 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 in the sum of $65,154.46, together with interest at the rate of $18.55, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance wiih the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. ATTORNEY FOR PLAINTIFF VERIFICATION I, Jana Gantt, 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 Plaintiffcorporation and the facts set foah in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I tmderstand that false statements therein are made subject to the penalties of · 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: CITIFINANCIAL SERVICES INC. ~ ~144 ~ 97 REPRESENTATION OF PRINTED DOCUMENT 7107 8381 6540 0200 4758 0004823351 48754 000007 WENDELL C BIGGS 222 E MAIN ST SH[REMANSTOWN PA 17011 RE: Citicorp Trust Bank, fsbMortgage Loan#: 0004823351 Property Address: 222 E MAIN ST SHTREMANSTOWN PA 17011 ACT 91 NOTICE DATE OF NOTICE: June 24, 2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Soecific information about the nature of the default is l)mvided in the attached l)ages. The HOMEOWNER'SMORTGAGE ASSISTANCE PROGRAM (I-IEMAP) may be able to hell) to save your home. This Notice explains how the uromam works. To see if HEMAP can hclv, you must MEET WITH A CONSUMER CREDIT COLTNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and l)hone number of Consumer Credit Counseling Agencies serving your Count? are listed at the ~nd of this Notice. If you have any {luestions, you may call the Permsvlvania Housing Finance A~,encv toll free at 1-800-342-2397. (Persons with immired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuer 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 mancionada arriba. Puedes set elegible para un prestamo pot el programa llamado "Homeovmer'sEmergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. Prepared by: Citicorp Trust Bank, fsb, f/k/a Travelers Bank & Trust, fsb 7467 New Ridge Road Hanover, Maryland 21076 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Date: June 24, 2003 OOO4823351 Homeowners Name: WENDELL C BIGGS Property Address: 222 E MAIN ST SItlREMANSTOWN PA 17011 Loan Account No.: 0004823351 Lender/Servicer: Citicorp Trust Bank,fsb, f/k/a Travelers Bank & Trust,fsb HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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. Dttring that time you must arrange and attend a "face-to-face" meeting with one &the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COLrNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and televhun¢ numbers of designated consumer credit cotmselim, a~,eneies for the county in which the vropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for f'mancialassistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0004823351 complete application to the PennsylvaniaHousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergencymortgage assistance are very limited. They will be disbursed by the Agency under the eligibilitycriteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision aRer it receives your application. During that time, no foreclosure proceedings willbe pursued against you if you have met the time requirements set forth above. You willbe notified directly by the PennsylvaniaHousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to dateL NATURE OF THE DEFAULT- The Mortgage debt held by the above lender on your property located at: 222 E MAIN ST, SHIREMANSTOWN PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followingmonths and the following amounts are now past due: (a) Monthly payments (including late charges) from 04/23/03 through present. (b) Other charges; Escrow, Inspections, NSF Check (c) TOTAL AMOUNT OF (a) and (b) REQUIRED AS OF THIS DATE 1717.67 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS 1717.67, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made I~avable and send to CitiCorp Trust Bank, fsb, 7467 New Ridge Road, Hanover, Maryland 21076 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgalle debt. This means that the entire outstanding balance of this debt will be considered due immediatolyand you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ul)on your mortgaged ~}rol}ertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff'to pay off'the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinqueneybefore the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney'sfees that were actually incurred, up to $50.00. However, if legal proceedings are started against INTERNET REPRINT A17767 REPRESENTATION OF PRINTED DOCUMENT 0004823351 you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees willbe added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30} DAY ueriod, you will not be reouired to ua¥ attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time ul~ to one hour before the Sheriff's Sale. You may do so by paving the total amount then ~ast due. plus any late or other charges then due, reasonable attomev'sfees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as sl~eeified in writing by the lender and by oerformin~ any other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4} to six (6} months from the dote of this Notice. A notice of the actual date of the Sheriff's Sale willbe sent to you before the sale. Of course, thc amount needed to cure the default will increase the longer you wait. You may f'md out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Citicorp Trust Bank, FSB Address: 7467 New R/dge Road Hanover, Maryland 21076 888-800-5165 410-689-1643 Loss Mitigation Department Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property al~er the Sheriff's Sale, a lawsuit to remove you and your fumishingsand other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume 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 of the mortgage are satisfied. INTERNET REPRINT ^1776a REPRESENTATION OF PRINTED DOCUMENT O004823351 YOU MAY ALSO 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. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If you are represented by an Attorney, please refer this letter to such Attorney and provide us with such Attorney's name, address and telephone number. To the extent your obligations have been discharged, or are subject to an automatic stay of bankruptcy order under Title 11 of the United States Code, this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect any such obligation. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 0004823351 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMMOF THE CAPITALREGION 1514 DerryStre~ Harrisburg, PA 17104 (717) 232-9757 FAX234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 INTERNET REPRINT ^~77~ GOLDBECK MCCAFFERTY & McKEEVER BY.' Joseph A. GoJdbeck, 3r. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff CITICORP TRUST BANK, FSB F/K/A TRAVELERS BANK & TRUST CO., FSB 7467 New Ridge Road Suite 222 Hanover, MD 21076 VS. Plaintiff WENDELL C. BIGGS (Mortgagor(s) and Record owner(s)) 222 E. Main Street Shiremanstown, PA 17011 IN THE COURT OF COMMON PLEAS of Cumberland County No. 03-3760 Civil Term P~RAECIPE TO DISCONTINUE AND ENT; TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE SHERIFF'S RETURN CASE NO: 2003-03760 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D CITICORP TRUST BANK FSB VS BIGGS WENDELL C - REGULAR RONALD E. HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE BIGGS WENDELL C DEFENDANT , at 0015:53 HOURS, on the __ at 222 E MAIN STREET SHIREMANSTOWN, PA 17011 FRANCIS BIGGS (MOTHER) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE was served upon 7th day of August the , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 8 Affidavit Surcharge 10 36 00 97 00 00 00 97 Sworn and Subscribed to before me this 2~~ day of So Answers: R. Thomas Kline 08/08/2003 GOLDBECK, MCCAFFERTY, MCKEEVER By: Deputy Shg~fi f f