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Home My WebLink About04-0735WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 3~/ CIVIL ACTION - LAW ACT1ON OF MORTGAGE FORECLOSURE KAREN J. TRIMMER AND SCOTT L. TRIMMER Defendants 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 aflcer 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 fights 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. 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 PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO 1MMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENC1A 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. KAREN J. TRIMMER AND SCOTT L. TRIMMER, Defendants IN 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 attorney 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 HOUSING FINANCE AGENCY, Plaimiff VS. KAREN J. TRIMMER AND SCOTT L. TRIMMER, Defendants : 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 of211 North Front Street, Harrisburg, Pennsylvania 17102. Defendant, KAREN J. TRIMMER, is an adult individual, whose last known address is 610 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043. Defendant, SCOTT L. TRIMMER, is an adult individual, whose last known address is 610 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043. On or about, August 29, 1995, the said Defendants, executed and delivered a Mortgage Note in the sum of $65,700.00 payable to GMAC MORTGAGE CORPORATION OF PA, 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, Defendants, 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 1279, Page 990 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, NA and recorded in the aforesaid County in Mortgage Book 503, Page 163. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 616, Page 537. The Mortgage was subsequently assigned to WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 610 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $55,659.61 Interest at $11.52 per day From 10/01/2003 To 03/01/2004 ( based on contract rate of 7.450%) $2,O78.87 Accumulated Late Charges $125.19 L~e Charges $18.29 From 11/01/2003 to 03/01/2004 $109.73 Escrow Balance $102.95 Attorney's Fee at 5% of Principal Balance TOTAL $2,782.98 $60,859.33 **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 ora third party purchaser at Sheriff's 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them 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 Permsylvania Act No. 91 of 1983. W}IEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.450% ($11.52 per diem), together with other charges and incidental thereto to the date o heriWs Sale and for foreclosure and sale of costs including escrnw advances ~}I~~ffLE~ the property within described. By: PURCELL, Leon P. Hall~'r, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Multistate ~ LO,t~ NO: 453825309 1. PARTIES "Borrower" ~ each person signing St ~e end of ~ Note, and the person's successors and zssig~. "Lender" and its successors and ~signs. 2. BORROWER'S PROMISE TO PAY; INTEREST ............. ~ '- 'per CEnt ( - 7.4 5 0 ~) p~- ye. ar until the ~11 ~ount of pfi~ip~ ~ been p~d. w~ ~t ~t if Bo~bw~ def~ul~ ~r ~ No~. (A) Time ~) ~C) Amount ~ O~ted Pa~e~ ~lon~ ~ Gro~ng ~ ~longe ~ Omer [~eci~] BORROWER'S RIGHT TO PREPAY Borrower has the fight to pay the debt evidenced by this Note, in whole or in part, without c~arg¢ or penalty, on the first day of any month. 6. BORROWER'S FAILINLR TO PAY (A) Late Charge for Or.due Payments (B) Default GMACM - FNM.OO85.FIX 19403) Page I of 2 15264743 Scott L Trimmer (S¢~) (Se~) (Seal) [Sign Original Only] Pay Without Recourse to the order of MELLON BANK, N.A. AS TRUSTEE under an Indenture of Trust with the Pennsylvania ,Housing ,,~ Finance Agency d~ed (;;oreStat~L~aT~ N.A. DESCRIPTION and RECITAL· ALL THAT CERTAIN lot of land, situate in the Borough of 5emoyne, Cumberland County, Pennsylvania, more particularly designated and described as follows, to wit: BEING the Eastern half of Lot No. 14, Section D, in Plan of Plan 1, Riverton, Pennsylvania. · THE SAID lot f,ronting Seventeen and one half (17 1/2) feet, more%or' 'less, on the South s~de of Hummel Avenue and extendln~ back, an even .wid~hT" One }{undred and Fifty (150) feet, more or less, to Peach Alley: being bounded on the North by ]~ummel Avenue, on the East by property now or late of H.M. Leidi~h and on the West by property, now or late of C.E. Ebersole. ]~EING KNO~N AS 610 Hu~,~el Avenue and SUBJECT to cer=ain res:ric:ioDs now of record. ~EING THE SAM~ PREMISES which Ma~r~ F. Bre~e~ Estate '~ , By Indenture bearin~ the day--day 0~/ 1~95 ~nd intended to be for=hwi=h recorded in the office for recordin]'-of Deeds, in and for the county of C~ber]and , Commonwealth ~ Pehn~ylvania, ~ran=ed and conveyed un:o said Mor=~agors, in fee. 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: ~ m, 2004 Anthony J. Julian Director of Accounting and Loan Servicing WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. KAREN J. TRIMMER and SCOTT L. TRIMMER Defendants :IN THE COURT OF :CUMBERLAND COUNTY, :CIVIL ACTION OW,~735 :NO. GD-0~20279 :IN MORTGAGE FORECLOSLrRE COMMON PLEAS PENNSYLVANIA MOTION TO REMOVE DEFENDANT, KAREN J. TRIMMER, OWING TO A RELEASE OF LIABILITY UNDER Pa.R.C.P. 1144 AND NOW comes Wachovia Bank, National Association f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency, by its attorney, Leon P. Haller, and represents as follows: 1. Plaintiff had heretofore filed a Foreclosure Action against the above named Defendants wko were the original mortgagors. 2. Defendant, Scott L. Trimmer, is now the sole owner of record of 610 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff has released Karen J. Trimmer from the the terms of the Note and Mortgage. 4. Pa.R.C.P. 1144 provides that an original mortgagor need not be named as a Defendant if such mortgagor is released from liability under the terms of the Note and Mortgage. 5. Plaintiff wishes to release Karen J. Trimmer from liability in accordance with Rule 1144 of the Pennsylvania Rules of civil Procedure. WHEREFORE, Plaintiff requests approval to Trimmer as a party Defendant in the above case. remove Karen J. Dated: March 5, 2004 PURCELL, KR~ HALLER BY:Leon ~. Haller, Esquir= 1719 No~~th Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney for Plaintiff Attorney ID ~15700 VERIFICATION Defendant, penalties of authorities. I verify that the statements made in Karen J. Trimmer, are true and correct.. I understand that false statements herein are 18 Pa.C.S. D4904 relating the foregoing Motion to Remove made subject to the to unsworn falsification to Dated: March 5, 2004 SHERIFF'S RETURN - CASE NO: 2004-00735 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSN VS TRIMMER KAREN J ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT TRIMMER SCOTT L DEFENDANT , at 1945:00 at 610 HUMMEL AVENUE LEMOYNE, PA 17043 SCOTT L TRIMMER a true and attested copy of COMPLAINT - - MORT FORE was served upon the HOURS, on the 27th day of February , __ 2004 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 11 73 00 10 00 00 27 73 Sworn and Subscribed to before me this 9~~ day of ~ ~l~0~ A.D. thonotary So Answers: _.~F~, ~ R. Thomas Kline 03/03/2004 PURCELL KRUG HALLER RETURN - REGULAR SHERIFF'S CASE NO: 2004-00735 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSN VS TRIMMER KAREN J ET AL ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT TRIMMER KAREN J DEFENDA/qT , at 1044:00 at 99 NOVEMBER DRIVE MECHANICSBURG, PA 17055 KAREN TRIMMER a true and attested copy of who being duly - MORT FORE was Sheriff or Deputy Sheriff of sworn according to law, served upon the HOURS, on the 3rd day of March COMPLAINT - , 2004 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 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~[~ day of ~ ~0~ A.D. Prothonotary So Answers: R. Thomas Kline 03/03/2004 PURCELL KRUG HALLER By: NAR 1 0 200& WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. KAREN J. TRIMMER and SCOTT L. TRIMMER Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN MORTGAGE FORECLOSURE ORDER AND NOW, this ~_~day of ~ , 2004, upon consideration of Plaintiff's Motion, it appearing that Defendant, Karen J. Trimmer is being released from liability pursuant to Rule 1144 of the Pennsylvania Rules of Civil Procedure, IT IS HEREBY ORDERED AND DECREED that Defendant, Karen J. Trimmer, be removed as a party Defendant in the above case. BY THE COURT: 03-;7-L)f WACHOVIA BANK NATIONAL ASSOCIATION : F/K/A FIRST UNION NATIONAL BANK : AS TRUSTEE FOR PENNSYLVANIA HOUSING: FINANCE AGENCY, : Plaintiff : : VS. : : SCOTT L. TRIMMER : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2004 735 IN MORTGAGE FORECLOSURE P RA E C I P m. TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. DATE: March 31, 2004 PURCELL, KRUG & HALLER Haller ID #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102