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HomeMy WebLinkAbout03-4187IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN GENERAL FINANCE, INC. Plaintiff NO. O~ VS. DEAN E. BLOSSER and SANDRA K. BLOSSER ACTION IN MORTGAGE FORECLOSURE Defendants 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 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 defense 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. Court Administration Floor, Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 (717) 240-6200 By: REIDENBACH & HENDERSON Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D.# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN GENERAL FINANCE, INC. Plaintiff NO. VS. DEAN E. BLOSSER and SANDRA K. BLOSSER ACTION IN MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U. S. C. § 16012 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiffis the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. REIDENBACH & HENDERSON Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney ID# 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN GENERAL FINANCE, INC. Plaintiff VS. DEAN E. BLOSSER and SANDRA K. BLOSSER ACTION IN MORTGAGE FORECLOSURE Defendants COMPLAINT 1. Plaintiffis American General Finance, Inc. 6 South Hanover Street PO Box 417 Carlisle, PA 17013 -0417 2. The names and last known addresses of the Defendants are: Dean E. Blosser 94 Green House Road Gardners, PA 17324 Sandra K. Blosser 94 Green House Road Gardners, PA 17324 who are the Mortgagors and real owners of the property hereinafter described. On August 25, 1999, Mortgagors made, executed and deFlvered a mortgage upon the premises herein after described to AMERICAN GENERAL FINANCE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, at Record Book 1566, Page 675. A true and correct copy of the mortgage is attached hereto and incorporated herein by reference and marked as Exhibit "A" The premises subject to said mortgage is described as attached in the legal description set forth in Exhibit "B". The mortgage is in default because monthly payments of principal and interest upon said mortgage due October, 2002 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. The following amounts are due on the mortgage: Principal Balance $41,802.93 Interest $ 4,245.28 Attorney Fees $ 2,302.41 Cost &Title Search $ 110.00 TOTAL $48,460.62 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. The Combined Notice has been sent to the Defendant by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "C". The Tempora~ Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i) Defendants have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendant, a true and correct copy of which is attached hereto as Exhibit "C"; and/or (ii) Defendants application for assistance has been rejected by the Pennsylvania Housing Finance Agency; or (iii) Subject premises is either a commerci.al property or is not the Defendant's primary residence and therefore the Act does not apply. WHEREFORE, Plaintiff demand an in rem Judgment against Defendant(s) in the sum of $48,460.62, and other costs and charges collective under the mortgage and for the foreclosure and sale of the mortgaged property. By: REIDENBACH & HENDERSON Herbert P. Henderson, II, Esquire Attorney for Plaintiff PA ID No. 56304 36 East King Street Lancaster, PA 17602 (717) 295-9159 VERIFICATION Herbert P. Henderson, H, Esquire hereby states that his is attorney for Plaintiffin this matter, that he is authorized to make this Verification, and that the statements made in the foregoing Complaint are as related to him by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 pa. C.S. Sec. 4904 relating to unsworn falsification to a~,,li/horities. Herbert P. Henderson, II, Esquire Attorney for Plaintiff I.D. # 56304 EXHIBIT "A" ALL THAT CERTAIN PROPERTY SITUATED IN THE TOHNSHZP OF DICKINSON IN THE COUNTY OF -"'UNBERLAND AND CONNONMEALTN OF PENNSYLVAN:tA, BE~'NG DESCRIBED AS FOLLOWS: COI~AINTNG 2.009 ACRES OF L~ID AND BEING KNONN AS LOT NO. G ON THE FINAL PLAN OF SUBDIVISION OF ORCHARO CREST AS RECOROED IR PLAN BOOK VOLUt~E S3, PAGE 23. BEING NONE FULLY DESCRIBED IN A FEE SIMPLE DEED OATEO 04/].5/'1.988 AND RECOROEO 04/].911988, ANONG THE LARD RECORDS OF THE {:OU~I'Y~.I~.. STATE SET FORTH ABOVE, ~[N VOLUME H~I3 PAGE ~.4~t. TAX PARCEL TDS: 08-16-0210-128 ADORESS: 'MmV.m, EXHIBIT "B" Lot IG ORCRRD N~q~&~a~ eighty-eight (198D). I:~_P,~A~_ ~(.-~_~E$ r, of~PAg¥[, a Penn~lvanla ~)o~atton, and FOX, his ~), of g ~lf ~u~e Road, O~llsbu~, P~nsylvan~a, ~tles of the ftest ~et,. ~Jnaf~r called Grantors~ O~ E. BLOWER and ~ K. ~li~;~;~l, T/k~,Mceaa~,ere4'~,o.f NXNE ~OUS~D RZNE HUNDRED (S9,~O.O0) .... /~ ~ G~nh~se ~d (T-SZG), s~fd ptn m~tng the c~n ~tnC de~tng rrm the no~her~st dedtcat~ r~ght-of-~ay 11ne of Greenhouso Road, ~d extending along lands n~ er folly of Charlle O. Shaffee, ~oeth hund~ths 'tee: (207.S~') to a st~l pin set on the northernmst deducted ~tght~f~ 11ne of ~lenhouse Road~ thence extending'tn and along the no~her~st ded~cat~ ~lght-of~ay 11ne of Grennhouse Road by an ~rG or (11~.20~), a cho~ ~a~tng of North sixty-one degrees fo~y-ntne etn~is ~a~ by R)~, Be~n and Associates, dat~ ~rch G, 1~7, ~d ree~ tn the Plan B~k ~,, at page ZT B~r~G A SHJ~L PORT~[Of~ OF THAT ~ PREH~SES ~nlch Ha~ld C. Rtce and Lor~ta Z. R~c:e~ his ~lfe, b~ thetr deed d~t~ Septe~e~ ~3~ 1987, ~nd ~ec~ded ~co~ed tn ~.l ~erland C~n~ ~order's ~ftc* in ~tsce11*~ous B~k 283, at page 47g. H. FOX, JR. aflaNlH G. FOX. h~s wtfe, and for HAILMON-~,RRVES COHPA~IY. EXHIBIT "C' Kenneth G. Reidenbach, II* Herbert P. Henderson, II Mitchell A. Soramers+ * Member of California Bar + Of Counsel November 8, 2002 REIDENBACH & HENDERSON 36 East King Street Lancaster, PA 17602 Telephone 717-295-9159 Fax 717-295-1225 e-mail lawyer@law-for-you.com RE: American General Finance, Inc. TO: Dean E. Blosser 94 Green House Road Gardners, PA 17324 Sandra K. Blosser 94 Green House Road Gardners, PA 17324 FROM: American General Finance, Inc. 6 South Hanover Street Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on Your homo is in default, and the lender intends to foreclose. Specific information about the nature of the default is orovided in the attached oa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CrIEMAP) may be able to helo save your home. This notice exnlains how the nrogram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING 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 ohone number of Consumer Credit A~encies serving vour Countv are listed at the end ofthis Notice. If you have any aueetions, you may call the Peamsvlvania Housing F~nance Agency toll free at 1-800-342-2397. (Persons with ircwaired hearing can call (717) 781-1869). This Notice contains important legal information. If you have any questions, represoutatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar assoeiution may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHOA CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION I~MEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSE FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARA UN PRESTAMO POR ELPROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME Dean E. Blosser and Sandra K. Blosser PROPERTY ADDRESSES: 94 Crr~nhouse Road, Gardners, PA 17324 LOAN ACCOUNT NO.: 13500580 ORIGINAL LENDER: American General Finance, Inc. CURRENT LENDER/SERVICER: . American General Finance, Inc. HOMEOWNER'S 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 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 AOt, 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 one ortho consumer credit enunseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (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 COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed atthe 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 telephone numbers of desimaated consumer credit counseling a~encies for the county in which the ~ro~ertv is located are set leah at the end of this Notice. k is only necessary to schedule one face-to-face meeting. Advise your lender immediately of you 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 financial assistance fromthe Homeowner's Emergency Mortgage Assistan~ Program. To do so, you must fill out, sign and file completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit com!.seling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submilling a complete application to the Pennsylvania Housing Finance Agency. Your apphcation MUST be filed or postmarked within thirty (30) days of your face- 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 emergency mortgage assistan~ee are very limited. They will be disbursed by the Agency under the eligibility criteria established by thg Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision aiter it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly bythe Pennsylvania Housing 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 (Brin~ it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 94 Green House Road, Gardners, PA 17324, IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Aeceunt ~ 13500580 August through November 4 Payments of $663.76 = $2,655.04 Partial Payment for July = $48.79 Other charges (explain/itemize): Past Due Payments: $2,703.83 + NSF fee $20.00 = $2,723.83 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 $2,723.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mom~aged ~ro~ertv. 1F THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold bythe Sheriffto pay off the mortgage debt. If the lender refers your case to its attomey, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to paythe reasonable attorney's fees that were actually incurred, up to $50.00. However, if legat~proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred which may also include other reasonable costs. Ifyou cure the default within the THIRTY (30) DAY period, you will not be required to oar 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 ~revent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paving the total amount then ~ast due, ~lus any late or other char~es thee due, reascoable attorney's fees and costs coanected withthe foreclosure sale and any other costs connected with the Sheriff's Sale as specified m writing by the lender and by performing any other requirements under the mortgage. Curing your default m 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 6 months from the date of this Notice. A Notice of the actual 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 or action will be by eontaoting the lender. HOW TO CONTACT THE LENDER: American General Finance, Inc. 6 South Hanover Street Carlisle, PA 17013 (717) 243-6055 Fax (717) 243-5546 Deanna R. Bankert EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your rightto oecupyit. Ifyuncontinueto liveinthepropertyafferthe Sheriff's Sale, a lawsuit to remove you and your furnishings and 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. 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 ACTION 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 ASSIST 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 AS SERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglostown Road Harrisburg, PA 17102 (717) 541-1757 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 (717) 731-9589 Fax k is only necessary to schedule one face-to-face meeting. You should advise Ms. Bankert at American General Finance, Inc., rmmediately of your intentions. Sincorely, Herbert P. Henderson, II Attorney for American General Finance, Inc. 36 East King Strent Lancaster, PA 17602 (717)295-9159 pc: Deanna Bankert, American General Finance SHERIFF' S RETURN - REGULJtR CASE NO: 2003-04187 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND AMERICAN GENEP~AL FINANCE INC VS BLOSSER DEAN E ET AL RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BLOSSER DEAN E DEFENDANT , at 1445:00 HOURS, on the at 94 CHERRY LA_NE CARLISLE, PA 17013 SANDRA BLOSSER, WIFE 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 His attention to Additional Comments 94 GREEN HOUSE ROAD GARDNERS IS VACANT. the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /?~ day of ,TJ;-~ ~ 21t~-~3 A . D . ~roth~on~ ~' So Answers: R. Thomas Kline 09/10/2003 By: ~. ~ ~-' // f"' SHERIFF' S RETURN - REGULAR CASE NO: 2003-04187 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCE INC VS BLOSSER DEAN E ET AL RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BLOSSER SANDRA K DEFENDANT , at 1445:00 HOURS, on the at 94 CHERRY LANE CARLISLE, PA 170113 SANDHA BLOSSER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /?~ day of / IProthonotary So Answers: R. Thomas Kline 09/10/2003 KENNETH REIDENB~ ~ IN THE COURT OF COMaMON PLEAS OF C~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN GENERAL FINANCE, VS. DEAN E. BLOSSER and SANDRA K. BLOSSER INC. No. 03-4187 CIVIL TERM Kindly mark the docket in the above-captioned matter settled, satisfied, ended and costs paid. Herbert P. Henderson, II Attorney for Plaintiff 36 East King Street Lancaster, PA 17602 (717) 2.95-9159 Attorney I. D. No. 56304 Dated: