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HomeMy WebLinkAbout04-0604WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSiNG FINANCE AGENCY Plaintiff VS. KIMBERLY S. MCNAIR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE 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 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 notice for any money claim in the Complaint of 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 TH1S 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS 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 PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERI)ER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVIC10 DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 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. Plaintiff is 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 attomey in writing with the said thirty (30) day period that the 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. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUS1NG FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA - : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association, with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, KIMBERLY S. MCNAIR, is an adult individual, whose last known address is 53 GILBERT ROAD, A/K/A 53 GILBER ROAD, SHIPPENSBURG, PENNSYLVANIA 17257. On or about, January 28, 1999, the said Defendant, executed and delivered a Mortgage Note in the sum of $77,800.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1516, Page 695 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 602, Page 216. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 685, Page 451. First Union National Bank is now known as Wachovia Bank, National Association. The Said Mortgage and Assignments are incorporated herein by reference. The land subject to the Mortgage is: 53 GILBERT ROAD, AflK/A 53 GILBER ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $10.00 per day From 09/01/2003 To 03/01/2004 ( based on contract rate of 5.000% ) Accumulated Late Charges Late Charges $16.71 From 10/01/2003 to 03/01/2004 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $72,015.54 $2,100.17 $267.42 $116.97 $292.43 $3,600.78 $78,393.31 **Together with interest at the per diem rate noted above after March 01, 2004 and other charges and costs to date of Sheriff's Sale. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.000% ($10.00 per diem), together with other charges and costs including escrow advances incidental thereto to the ~ of Sherift's Sale and for foreclosure and sale of the property within described.By: [eUoRnCp ~/~' ~ ~//~ .,[~HA~L~L R Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Mu;tistate NOTE OI:ilGINA,. FHA-127681 FHA CaseNo. 441-590442-0 JANUARY 28, 1999 [Date] 53 GILBER ROAD SHIPPENSBU~G, PA [P~per~Addmss] 17257 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. and its successors, and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Thousand Eight Hundred and no/lO0 Seventy Seven Dollars (U.S. $ 77,800.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five percent ( 5.000 %) per year until the fu~ mount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is securedby a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrumentprotects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 1999, . Any principal and interest remaining on the first day of FEBRUARY 2029 , will be due on that date, which is called the "Maturity Date." (B) Place Paymentshallbemadeat 500 Office Center Drive, Suite 325 Fort Washington, Pa 19034 or at such place as Lender may designate in writing lO01RI.Frm by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 417.65 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments ...... ~an`all~nge~pr~;~a;~"g~r-pa).~vae~"t~adjustmentsis~ ¢~ute&by~B~rr~we~t~g~the`~witE ~te~the`~venants-~f ~ the allonge shall be incorporatedinto and shall amendand supplementthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] [] Graduated Payment Allonge~ Growing Equity Allonge [] Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the fight to pay the debt eVidencedby this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainderof the month to the extent requiredby Lender and permittedby regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Mulfistate Fixed Rate Note. 10195 FHA-127681 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as describe~ in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4% (four) %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender mayl except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights ia the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleratioawhen not permittedby HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has requlzedimmediatepayment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonableand customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees ~ costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due.have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address~ Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each peison is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these thln~. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promi~es madein this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person sig~ing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. //~ ~ /~ ~//"~ (Seal) (Seal) . (Seal) (Seal) -Borrower -Bonrow~r 1001R2.Frm (Seal) (Seal) -Borrower Page 2 of 2 (Seal) ~y)O the order of AGENCY with'out recourse (Seat) G~tswa¥ Funding DtverelflerI Mot' · ,,~ -Borrower /By,~ ~eneral ~artner: Gote~ii~. Antimony K Brul~o Asst. Vies President First American Title Insurance Company Commitment Number: 990045 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a spike in the centerline of Legislative Route 21006 and corner of land now or formerly David L. Wilson and Donna J. Wilson, his wife; thence along the said centerline, north fifty-one (51) degrees fourteen (14) minutes twenty (20) seconds east, one hundred (100) feet to a spike; thence by lands now or formerly of John A. Smith and Ogal J. Smith, his wife, south seven (07) degrees east, two hundred thirty-five and three tenths (235.3) feet to an iron pin; thence by the same, south fifty-one (51) ~egrees fourteen (14) minutes twenty (20) seconds west one hundred (100) feet to an iron pin and line of land now or formerly of David L. WilsoR and Donna J. wilson, his wife; thence by the same, north seven (07) degrees west, two hundred thirty-five and three tenths (235.3) feet to a spike in the cente~line of Legislative Route 21006, the place of BEGINNING. TOGETHER with a fifteen (15) foot perpetual easement and a free, uninterrupted and unobstructed right-of-way in favor of the Grantees and their heirs and assigns for the purpose of constructing, installing, erecting, laying, using, operating, maintaining, inspecting, repairing, relaying, enlarging, and adding to, from time to time, solely at Grantor's expense, a sewer line, including conduits, pipes, and accessories and appurtenances, upon over and under, the lands of the Grantor hereinafter described, together with ali rights of ingress, egress, and regress into, over,' upon, through along and from said land which are necessary or convenient for full and complete use by the Grantees, their heirs, administrators, successors and assigns of the said right-of-way and privileges herein granted, to place surface markers beyond said strip, to clear and keep cleared all trees, roots, brush and other obstruction from the surface and sub-surface of said right-of-way. THE LOCATION of said easement is described as follows: ~i-~'~15)='~'~0~--~{~e perlSetu~l easement ~n~ri~htt6fUway m~sured~fro~ ~H~ southern berm of Legislative Route 21006 and located along the entire width of other property now or formerly of. Lincoln E. Reed, known as Lo= No. 1 pursuant to survey draft prepared by William A. Brindle, R.S., dated October 30, 1972, and more specifically described as Tract No. 1 in Cumberland County Deed Book 123, page 774. BEING the same premises which Lincoln E. Reed, by Deed dated March 14, 1996 and recorded April 18, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 137, page 863, granted and conveyed unto Arthur P. Shimkanon, Jr. and Pandora R. Shimkanon, his wife. VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unswom falsification to authorities. Date: ~9, 2O04 Anthony J. Julian Director of Accounting and Loan Servicing SHERIFF'S RETURN - CASE NO: 2004-00604 P COMMONWEALTH OF PENT/SYLVANIA: COUNTY OF CUMBERLJ~ND WACHOVIA BANK NA VS MCNAIR KIMBERLY S REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MCNAIR KIMBERLY S DEFENDANT , at 1522:00 HOURS, on at 53 GILBERT ROAD SHIPPENSBURG, PA 17267 BILL STALEY, ADULT IN CHARGE a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 20th day of February by handing to together with and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.42 Affidavit Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this ~ ~.~ day of So Answers: R. Thomas Kline 02/23/2004 PURCELL KRUG %L~ ..... ~ WACHOVIA BANK NATIONAL ASSOCIATION : F/K/A FIRST UNION NATIONAL BANK : AS TRUSTEE FOR PENNSYLVANIA HOUSING: FINANCE AGENCY, : Plaintiff : KIMBERLY S. MCNAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004 604 IN MORTGAGE FORECLOSURE ~ RA E C I p F, TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. DATE: March 31 2004 PURCELL,~ & HALLER AL~onrnP~yH~ol l~r k~l aI~nt~ ~ ~ 00 1719 North Front Street Harrisburg, PA 17102