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Home My WebLink About03-4182GOLDBEC~ ' 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 BANK OF NEW YORK AS TRUSTEE FOR CERTIFICATE HOLDERS OF ASSET~BACKED CERTIFICATES, SERIES 2003-3 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. SHERRY R. WANCHO Mortgagor(s) and Real Owner(s) Defendant(s) 501 Park Avenue New Cumberland, PA 17070 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. CIVIL ACTION: MORTI3AQB FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE 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 tweng, (20) days afier the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the corox youx defenses or objections to the claims set for[h against you. You are waraed 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 claim in the Complaint of for any other claim or relief requestod by the Plaintiff. You may lose money or properly or other fights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE gET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELp. LEGAL SERVICES I/NC 8 In4ne Row 71%243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libefiy Avenue AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEIAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARiO, DECIDIR A FAVOR DEL DEMANDANTE y REQUER1RA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 lrvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR CERTIFICATE HOLDERS OF ASSET- BACKED CERTIFICATES, SERIES 2003-3, 7105 Corporate Drive, PTX B-35 Plano, TX 75024- 3632. The name(s) and address(es) of the Defendant(s) is/are SHERRY R. WANCHO, 501 Park Avenue, New Cumberland, PA 17070, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On July 28, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOANS 1NC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1560 Page 332. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: BANK OF NEW YORK AS TRUSTEE FOR CERTIFICATE HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2003-3 by Assignment of Mortgage which assignment is lodged for recording. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 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 May 01, 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 04/01/2003 through 08/31/2003 at 8.0000% Per Diem interest rate at $18.36 Attorney's Fee at 5.0% of Principal Balance Late Charges from 05/01/2003 to 08/31/2003 Monthly late charge amount at $34.31 Costs of suit and Title Search Monthly Escrow amount $180.55 $83,773.62 $2,809.07 $4,188.68 $137.24 $900.00 $91,808.61 $91,808.61 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. The within mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Permsylvania Act No. 91 of 1983. WHEREFORE, ¢laintiff demands judgment in mortgage foreclosure in the sum of $91,808.61, together with interest at the rate of $18.36, 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. GOLD]~ECK J/IcCAFFERTY & McKEEVER BY: JO~PH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Joseph A. Goldbeck Jr., 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 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Legal Description: ALL THAT CF~RTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONAVEALTH OF PENNSYI~VANIA, MOIRE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SI'DE OF PARK AVENUE (60) FEET WIDF_~ SAID POINT BEING THE DIVIDING LINE BETWEEN LOT NOS, 6 AND 7, BLOCK sC", IN THE HEREINAFTER MENTIONED PLAT OF LOTS; THENCE NORTHWESTWARDLV ALONG SAID DIVIDING LINE, A DISTANCE OF ONE HUNDRED TEN (110) FEET TO LOT NO. 39 ON SAID PLAN, THENCE NORTHEASTWARDLY ALONG SAID LOT NO. 39, A DISTANCE OF FORTY-NINE AND SIXTY.SEVEN HUNDREDTHS (49.67) FEET TO LOT NO. 3 ON SAID PLAN; THENCE F_,ASTWARDL¥ ALONG LOT NO~. 3 AND 4, A DISTANCE OF EIGHTY AND FOUR-TENTH~ (80.4) FEET TO LOT NO. $; THENCE SOUTHEASTWARDLY ALONG SAID LOT NO. $, A DISTANCE OF FORTY-ONE AND FIFTY-EIGHT HUNDREDTHS OI.58) FEET TO A POINT ON THE NORTH SIDE OF PARK AVENUE; THENCE ALONG THE NORTH SIDE OF PARK AVENUE, SOUTHWESTWARDLY ALONG A CURVE, HAVING A RADIUS OF TWO HUNDRED FORTY-FIVE (24~ FEET, AN ARC DISTANCE OF TWENTY-SEVEN AND EIGHTY-THREE HUNDREDTHS (27.83) FEET TO A POINT; THENCE STILl. SOUTHWESTWARDL¥ ALONG PARK AVENUE, A DISTANCE OF SEVENTY AND NINETY-NINE HUNDREDTHS (70.99) FEET TO LOT NO. 7, THE PLACE OF BEGINNING. SHERIFF' S RETURN - CASE NO: 2003-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS WANCHO SHERRY R REGULAR HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WANCHO SHERRY R DEFENDkNT , at 1950:00 HOURS, on the at 501 PARK AVENUE NEW CUMBERLA/qD, PA 17070 SHERRY R WANCHO a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of September, 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 23.46 Affidavit .00 Surcharge 10.00 .00 51.46 Sworn and Subscribed to before me this /7~ day of ~ J~13 A.D. rothonotary ~ ' So Answers: R. Thomas Kline 09/lO/2OO3 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sher~f f SHERIFF'S RETURN - REGULAR CASE NO: 2003-04182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS WANCHO SHERRY R HAROLD WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WANCHO SHERRY R DEFENDANT , at 1950:00 HOURS, at 501 PARK AVENUE NEW CUMBERLJ~ND, PA 17070 SHERRY R WANCHO a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of September, 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 23.46 Affidavit .00 Surcharge 10.00 .00 51.46 Sworn and Subscribed to before me this /7~ day of ~ ~.3 A.D. rot honot ary-- So Answers: R. Thomas Kline 09/10/2003 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sher~f f