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Home My WebLink About01-6812FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. CARL A. BOYD AND JOAN A. GUSH Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2/,. 15 ! - 6 ~/2.~ 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 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 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" (SERVICIO 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION, VS. CARL A. BOYD AND JOAN A. GUSH, Plaintiff 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. CARL A. BOYD AND JOAN A. GUSH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 71~.o~- G~'I.2. ~ ~-~-"- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a Corporation originated under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, acting through its servicing agent, HOMESIDE LENDING, INC., with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. Defendant, CARL A. BOYD, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. Defendant, JOAN A. GUSH, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. On or about, July 08, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $60,700.00 payable to BANK UNITED OF TEXAS, FSB. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 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 1149, Page 104 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANCBOSTON MORTGAGE CORPORATION and was recorded in the aforesaid County in Book 489, Page 690. The Mortgage was subsequently assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "A" 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 August 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.47 per day From 07/01/2001 To 12/01/2001 ( based on contract rate of 7.625%) Accumulated Late Charges Late Charges $21.48 From 08/01/2001 to 12/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $54,926.26 $2,110.48 $64.44 $128.88 $247.10 $2,746.31 $60,233.47 ** Together with interest at the per diem rate noted above after December 01,2001 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. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.625% ($11.47 p~ diem), together with other charges and costs including escrow advances incidental thereto to the date o~f,~ Sale and for foreclosure and sale of the property within described. ~/ By: PURCELl, KR~G~& HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ~ · .._ _~ Hs135662 (1696x2200~2 tiff') [6] ~l~ xuAT C~T~1~ tract of land situate in ~ast Pennsboro Township, B~G a~ t ~ in ~e ~ter line of 33.00 ~eet eide ~lde ~tion~ ~ o~ ~; ~e along ~a la~r, 8ou~ 67 d~ees 19 ~o a ~l~ ~ ~e ~lne ot ~ ~. 2 Gn sa~d Plan; ~ence along ~e la~r~ ~ ~ d~ 19 ~t~es O0 se~nds ~es~, a d~s2ance of ~a la~, ~ 22 d~aes 41 ~lnu~e~ 00 seco~8 WesC, a distance of ~ deai~ as ~2 No. 3. B~G ~ ~ ~8~ whi~ H~I H. ~eitzeF and Barbara A. ~ei~Z~, his ~e~ c~ ~to S~ R. S~el~ a~ Debra K. 29, xggo ~ ~ h~r~m Off~ce in ~a cot c,unerxana ~ow:~, --. :~ ~o~d ~ ~; Volm 34, Pave 808. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 29, 2001 Leon P. Haller, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2001-06812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE A VS BOYD CARL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYD CARL A the DEFENDANT , at 1518:00 HOURS, on the 3rd day of December , 2001 at 156 CREEKSIDE DRIVE ENOLA, PA 17025 CARL A BOYD a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this /3~ day of ~ ~ro~ A.D. ! / Prothonotar~ So Answers: R. Thomas Kline 12/06/2001 PURCELL KRUG HALLER ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-06812 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE A VS BOYD CARL A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon GUSH JOAN A the law, DEFENDANT , at 1518:00 HOURS, at 156 CREEKSIDE DRIVE ENOLA, PA 17025 CARL A BOYD a true and attested copy of on the 3rd day of December , 2001 by handing to COMPLAINT - MORT FORE together with and at the same time directing ~is 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 /~-~ 7~ ~ ~! A.D. /t~rothonotary So Answers: R. Thomas Kline ~LL~ 12/06/2001 PURCELL KRUG HALLER By: Deputy Sheriff FEDERAL NATIONAL MORTGAGE : IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : : VS. : NO. 01 6812 : CARL A. BOYD AND : JOAN A. GUSH, : CIVIL ACTION - LAW DEFENDANTS : IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: p RAE C I PE Kindly Settle and Discontinue the above matter without prejudice. PURCELL, KRUG & HALLER By:~ Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12 2002