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Home My WebLink About03-59891N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., VS. Plaintiff, SHAWN D. BURKE and PATRICIA A. BURKE, Defendants. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENT~(~,20) DAYS FROM SERVICE HEREOF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: National Service Center, 175D One East Fourth Street Cincinnati, OH 45202 AND THE DEFENDANTS IS: 2167 Canterbury Drive CIVIL DIVISION NO.: - TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: The Provident Bank, dib/a PCFS Financial Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 2167 Canterbury Drive, Townshiv of Uvper Allen 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS CIVIL DIVISION FINANCIAL SERVICES, INC., Plaintiff, NO.: VS. SHAWN D. BURKE and PATRICIA A. BURKE, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, dPo/a PCFS FINANCIAL SERVICES, INC., VS. Plaintiff, SHAWN D. BURKE and PATRICIA A. BURKE, Defendants. CiVIL DWISION NO.: CiVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE The Provident Bank, d/b/a PCFS Financial Services, Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis The Provident Bank, d/b/a PCFS Financial Services, Inc., which has its principal place of business at National Servicing Center, 175D, One East Fourth Street, Cincinnati, Ohio 45202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Shawn D. Burke and Patricia A. Burke, are individuals residing within the Commonwealth of Pennsylvania, whose last known address is 2167 Canterbury Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about December 21, 1999, Defendants executed a Note in favor of Resource One Mortgage ("Resource One") in the original principal amount of $132,000.00. 4. On or about December 21, 1999, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Resource One a Mortgage in the original principal amount of $132,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 6, 2000 in Mortgage Book Vohnne 1590, Page 1100. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. On May 22, 2000, Resource One assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of C. umberland County at Mortgage Book Volume 644, Page 903. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the June 27, 2003 payment. 8. On or about October 3, 2003, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, etseq., as a result of sending the Act 91 Notices. 10. The amount due and owing Plaintiffby Defendants is as follows: Principal $130,279.48 Interest to 11/7/03 $ 7,186.76 Late Charges to 11/7/03 $ 2,033.36 Other Fees $ 32.50 Attorney's Fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $143,282.10 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $143,282.10 with interest thereon at the rate of $45.20 per diem from November 7, 2003, and additional late chm'ges, additional reasonable and actually incurred attomey's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: Attorney for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A F~)~ORq ANO RETURN TO' W~E~ RECO;~9,~ ~4~:L TO ~I~TERNATIONALABSTRACTINC ONE O~FO~D VALLEY 23~ [.]UNCO[N HIOHWAY R~SO~CE 0~ cdc, INC. SUIT~ 6~ 2300 S. LINCO~ ~ ~60~ LANG)~O~NE. PA I~EECOROAN~,,j ~.~ TO' ~HO~. PA 190~ ] WARMINS~R NATIONAL ABBT~OT mNO Lo~ Nu~e= : 2-0010483 m ONE OXFO~DVAL~ ~ ] 23~ E, LINCOLN HIGHWAY MORTGAGE ~ MO~AG~ C S~=~[y ~mm,m.) ~ ~a a~ Dece~er 21. 1999 ~*mor~m~ S~A~ D. B~ ~d 9~ICIA A. B~, ~SB~ ~ WIFE ~S0~CE O~ ~OR~O~ d , 2300 E. LINCO~ H~. ST~ 609, ~O~E, ~A 19047 One H~ed ~irty-~o ~ous~ Dollars ~d 00/100 D~t~ (U.S.$ 132, 000. O~ ). ~, d.b% ~ ~ ~ ~f~ 2~, 201~ . ~ 5~t~ hm~nt ~S~ tO ~nder. (a) ~SHZP O~ ~ER ~EN. ~B~ Co~y, .,PIN #.¢2-29-24~8-095 SEE ATTAC]{ED t,590 ~*~ J.101 ~oo~1590~1103 Form 3039 9.'90 (paGo S of ~ ptges) 2300 ~. LINCOLN ~¥. STE 609, LANGHORNE, PA 19047 follows: Cumber] a~d Co~nty, Pennsylvania, sad baundad smd desc=ibed ns ~INN]NU.a~ ~.point which Is located un tho right-¢,,~-way ~tna o£ Gancerbur~ Drive (~0.00 other ].ends of The HcNaughcon Company North 38 degrees 55 a point:; tho North ~8 deg:eem 37 mlnutes for s fils:anco of 2~.§~ feat, to s point lends now or formerly of The MeNeugh~on Cempanf; Cumberland County In Plan ~ook 66, Page 77. Ally a~d all easements, [[censes~ exceptions, for Cumberland County In Record Book 4~7, Page 1129, BE~C PAR~ OF ~llg ~,~1~ FR'EHI~ZS which Franhis C. c/tlfo/a Hldpc~ £s~aCas; Joseph J. Ch~astyk and C~a~o~e VERIFICATION Sophia Coleman, Foreclosure Specialist, and duly authorized representative of The Provident Bank, d/b/a PCFS Financial Services, Inc., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to her information and belief. Sophia Coleman Foreclosure Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., CWIL DWISION Plaintiff, ISSUE NUMBER: VS. SHAWN D. BURKE and PATRICIA A. BURKE, NO.: 03-5989 Defendants. TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE CODE - FILED ON BEHALF OF PLAINTIFF: The Provident Bank, d/b/a PCFS Financial Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS CIVIL DIVISION FINANCIAL SERVICES, INC., Plaintiff, NO.: 03-5989 VS. SHAWN D. BURKE and PATRICIA A. BURKE, Defendants. .PRAECIPE TO SETTLE AND DISCONTINU p; WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Brian B. Dutton, Esquire Attorney for Plaintiff Sworn to and subscribed before me this _X~ay of.~ ~ Xo/y~3G~A~, 2003 Notary Public COMMONWEALTH OF PENNSYLVANIA I Notarial Seal I Paffida A. Townsend, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires June 2, 2007 Member, Penns,3vania AsSOC~a~n Of Notaries SHERIFFIS RETURN - CASE NO: 2003-05989 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE DBA PCFS VS BURKE SHAWN D ET AL REGULAR RON KERR , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BURKE SHAWN D DEFENDANT at 2034:00 HOURS, at 2167 CANTERBURY DRIVE MECHANICSBURG, PA 17055 SHAWN D BURKE 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 17th day of November 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 7.59 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.59 11/18/2003 GRENEN & BIRSIC Sworn and Subscribed to before By: me this / ~ day of t SHERIFF' S RETURN - CASE NO: 2003-05989 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE DBA PCFS VS BURKE SHAWN D ET AL REGULAR RON KERR , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 17th day of November , by handing to ADULT IN CHARGE true and attested copy of COMPLAINT - MORT FORE together with says, the within COMPLAINT - MORT FORE BURKE PATRICIA A DEFENDAi~T , at 2034:00 HOURS, on the at 2167 CANTERBURY DRIVE MECHA_NCISBURG, PA 17055 SHAWN D BURKE a 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 16.00 Sworn and Subscribed to before me this /~ day of /~-- ... ~-~ ~ A.D. Prothonotary So Answers: R. Thomas Kline 11/18/2003 GRENEN & BIRSIC Depugy Bheri~