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Home My WebLink About04-0848 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY ~D. #16132 SUlTE.5000 - MELLON INDEPENDENCE CENTER. 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC F/KIA COUNTRYWIDE FUNDING CORPORATION 7105 Corporate Drive PTX C-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE TIMOTHY A. STAIGER Mortgagor(s) and Real Owner(s) Term , (J) No. 04 -rf'l/o '..:iVll ACTION: MOFITQAGE j:O~'CLoeUAE C;u~L ~ 210 North Front Street W ormleysburg, PAl 7043 Defendant(s} THIS FIRM IS A DEBT COLLECTOR AND WE ARE A TTEMPTINGTO 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 il1 writing wilh 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 ajudgment may he entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or reliefrequested 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES fNC 8 Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSECONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESeRITA, ELPUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE; SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACrON. ENTONCES, LA COUTE PUEDE, SIN NOTfFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TOnAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTEPAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABQGAOO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OF'ICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. Sl USTEDNO PUEDE PAGARLE A UN ABOGAOO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Car\isle,PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1.. Plaintiff is COUNTRYWIDE HOME LOANS, INC F/K/A COUNTRYWIDE FUNDING CORPORATION, 7105 Corporate Drive, PTX C-35 Piano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are TIMOTHY A. STAIGER, 1729 English Drive, Mechanicsburg, P A 17055-5612, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On May 26, 1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANCPLUS MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1264 Page: 1162. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: COUNTRYWIDE FUNDING CORPORATION by Assignment of Mortgage dated June 06, 1995 and recorded on July 18, 1995 as Book: 499 Page: 1175; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due November 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 10/0 1/2003 through 02/29/2004 at 7.2500% Per Diem interest rate at $14.79 Attorney's Fee at 5.0% of Principal Balance Late Charges from 11/01/2003 to 02/29/2004 Monthly late charge amount at $27.82 Costs of suit and Title Search $74,486.88 $2,248.07 $3,724.34 $111.28 $900.00 $81,470.57 Monthly Escrow amount $176.58 $81,470.57 7. 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 based on work actually performed. 8. 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 an in rem judgment in mortgage foreclosure in the sum of $81,470.57, togetm;r with interest at the rate of $14.79, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms ofthe mortgage, and for the foreclosure and sale of the mortgaged premises. By: t~P2~ BE McCAFFERTY & McKEEVER y' JOSEPH A. GOLDBECK, JR., ESQUIRE TTORNEY FOR PLAINTIFF VERIFICATION I, Michael D. Vestal, 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, infonnation 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: 2- - .z. ~ '07 Michael~ D V t.d;f COUNTRYWIDE HOME LOANS INC. ~i ! Legal Description: BEGINNING AT A POINT ON THE WESTERN SIDE OF FRONT STREET WHICH POINT .IS ONE HllNDREI> TWEN'J'Y-FlVE (125) FEET NORTH OF THE NORT1IWEST CORNER OF FRONT AND WALNUT STREETS AND AT THE NOR'I'REAST CORNER OF LOT NO. 118 ON THE PLAN OF LOTS HERElNAl'TlIR REFERRED TO; THENCE WESTW ARDL Y ALONG THE NORTHERN LINE OF LOT NO. 118 AFORESAID ONE-HUNDRED FIFTY (150) FEET TO A POINT ON THE EASTERN SIDE OF RIVER ALLEY; THENCE NORTHWARDLY ALONG Tim EASTERN smE OF RIVER ALLEY TWENTY-FIVE (25) FEET TO A 1'0INT AT THE SOU'l'HERN LINE OF LOT 1iI0. 120 AFORESAID ONE HUNDIU:D FIFI'Y (ISO) TO A l'OINT AT THE WESttRN SIDE OF NORTH FRONT: STREET; THENCE SOUTHWARDLY ALONG THE WESTERN SIDE OF NORTH FRONT STREET TWENTY-FIVE (25) FEET TO A POINT, BEING THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE-JIALF STORY FRAME DWELLING HOUSE KNOWN AS NO. 210 NORTH FRONT STREET, WORMLEYSBUll.G, PE.NNSYLV ANIA.y BEING LOT NO. 119 ON THE PLAN OF LOTS KNOWN AS EDGEW AttR PLAN NO. 2, LAID OUT BY V. HUMMEL BORGHAUS, AND RECOJ.<.DED IN THE OFFICE OF THE RECOJ.<.DER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK D-6, PAGE 599. , (:J -iQ. ~, (--/ G ( -., "J[ ):J ~ vt , ~ f.r1 Crt ." i(.) ........ ~ ........ -.0 ~ VJ Ii" P-- C5 "1 , -J \,,:; --0 t :e ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00848 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS ET AL VS STAIGER TIMOTHY A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STAIGER TIMOTHY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , STAIGER TIMOTHY A 210 NORTH FRONT STREET WORMLEYSBURG, PA 17043-5612 210 NORTH FRONT STREET WORMLEYSBURG, PA IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11. 73 5.00 10.00 .00 44.73 ~ ' So answers: ,...--, _.__<.... _..-""~,;=-.....------- -----c:::::::-:;; ~c:.---'~.':.=------- ---~~~~. ........ R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 03/02/2004 Sworn and subscribed to before me this _0 6 ~ day of ~ J6tJ<f A.D. (I,p.- O~ Af;';;;:, pro~dnotary Jr-; SHERIFF'S RETURN - REGULAR CASE NO: 2004-00848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS ET AL VS STAIGER TIMOTHY A RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAIGER TIMOTHY A the DEFENDANT , at 1917:00 HOURS, on the 1st day of March , 2004 at 1729 ENGLISH DRIVE MECHANICBURG, PA 17055-5612 by handing to DONNA MONROE, FIANCE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 6.90 .00 10.00 .00 22.90 .r~~ R. Thomas Kline me this 't&- .5'- day of Sworn and Subscribed to before By: ~ ~'-f A.D. /h.... c----- ( -' - a htdIL. . rothonotary - I ~ ~jLJ i c....-__"-' :~~ ,;:::.-.::::= n r;< :~' .1-Jb.. ((5" '-~;/ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriffs Costs: 98.38 51.62 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.93 25.00 3.45 Refunded to Atty on 02/28/05 30.00 20.00 98.38 Sworn and Subscribed to before me this 1 day of~ 2005 AD. f I:.~ -Jr>.u j".,-.. othonotary ~ So Answers; R. Thomas Kline, Sheriff By0 ~Cf) IItl--- &~b ,.' " \, ~'(" r', \ '.:.:. "- (7 '23j ;i~':;~. ~~j~~;l-J WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.c.P. 3101 TO 3149 COMMONWEALTH OF PENNSYL Y ANIA, COUNTY OF DAUPHIN CIVIL ACTION -LAW YS. 2otJ-/- ~lg0 Writ No. 2002-CY-5447-DJ 2004-J/~T Amount Due $4,022.95 COSTS Plaintiff Paid: $42.00 Sheriffs Costs: $66.00 Attorney: $3.00 This Writ: $26.00 Marian M Conrad John Lucidon, Jr. and John Lucidon tfdlb/a Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 tro THE SHERIFF OF CUMBERLAND COUNTy:1 To satisfy the debt, interest and costs against JOHN LUCIDON JR AND JOHN LUCIDON TID/BIA PARADISE LANDSCAPING AND CONSTRUCTION, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: LEVY AND TAKE POSSESSION OF ALL PERSONAL AND REAL PROPERTY SITUATED AT THE BUSINESS OF DEFENDANT JOHN LUCIDON TIDIB/A PARADISE LANDSCAPING AND CONSTRUCTION, AS FOLLOWS: 1. 1910 SPRING ROAD, CARLISLE, PA 17013 2. AND AT THE RESIDENCE OF THE DEFENDANT AS FOLLOWS, INCLUDING BUT NOT LIMITED TO: 1. ANY AND ALL VEmCLES 2. ANY OTHER PERSONAL PROPERTY OF DEFENDANTS JOHN LUCIDON, JRAND JOHN LUCIDON TIDIB/A PARADISE LANDSCAPING AND CONSTRUCTION and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Joseph H. Kleinfelter, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg, February 20,2004. Stephen E. Farina, Prothonotary B~.; ~'b A 1.,J9 },} Deputy ReQUestiDl! Party: Neil J Rovner, Esquire 4503 N Front Street Harrisburg, PA 17110 717-238-6791 AND NOW Writ re-issued Stephen E. Farina, Prothonotary