HomeMy WebLinkAbout09-2266GOLDBECK McCAFFERTY & McKEEVER
BY: MICHAEL T. MCKEEVER
ATTORNEY I.D. #56129
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(866) 413-2311
WWW.GOLDBECKLAW.COM
JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF
CERTAIN ASSETS AND LIABILITIES OF
WASHINGTON MUTUAL BANK FROM THE FEDERAL
DEPOSIT INSURANCE CORPORATION ACTING AS
RECEIVER WASHINGTON MUTUAL BANK F.A
7255 Baymeadows Way
Jacksonville, FL 32256
Plaintiff
VS.
UNA C. DORSEY
LEO J. DORSEY
Mortgagors and Record Owners
425 Country Club Road
Camp Hill, PA 17011
Defendants
Term V I
No. ; aUU
1 r: MORTGAGE
t- -t a -C (3SUME
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.
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
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
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, 0 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.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-
243-9400.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners
in default. Please See the PHFA website httn://www nhfa -1--nuumers/homeowners/real asnx.
5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone about Loss Mitigation
or Home Retention options.
6). Foreclosure Resource Center: httu://www phil_ 2d-or foreclosure/
7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretentionna goldbecklaw com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is Courtenay Dunn who
can be reached at 215-825-6311 or Fax: 215-825-6411. Please reference our Attorney File Number of 79361FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is JPMORGAN CHASE BANK, N.A., AS ACQUIRER OF CERTAIN ASSETS AND
LIABILITIES OF WASHINGTON MUTUAL BANK FROM THE FEDERAL DEPOSIT
INSURANCE CORPORATION ACTING AS RECEIVER WASHINGTON MUTUAL BANK F.A,
7255 Baymeadows Way, Jacksonville, FL 32256.
2. The names and addresses of the Defendants are UNA C. DORSEY, 425 Country Club Road, Camp Hill,
PA 17011 and LEO J. DORSEY, 425 Country Club Road, Camp Hill, PA 17011, who are the
mortgagors and record owners of the mortgaged premises hereinafter described.
3. On April 02, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter
described to WASHINGTON MUTUAL BANK, FA, which mortgage is recorded in the Office of the
Recorder of Deeds of Cumberland County as Book 1804, Page 3841.. The Mortgage and assignment(s)
are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule
of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to
pleadings if those documents are matters of public record.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
"A" ("Property")
5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid
for November 01, 2008 and each month thereafter and by the terms of the Mortgage, upon default in
such payments for a period of one month or more, the entire principal balance and all interest due and
other charges are due and collectible.
6. The following amounts are due to Plaintiff on the Mortgage:
Principal Balance ................................ ........$104,740.21
Interest from 10/01/2008 through 03/31/2009 at 4.2500% ....................... $2,220.39
Per Diem interest rate at $12.20
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$5,237.01
Late Charges from 11/01/2008 to 03/31/2009 .............................................$297.08
Monthly late charge amount at $28.64
Costs of suit and Title Search ...................................................................... $900.00
Fees ................................................................................................................$10.85
Monthly Escrow amount $472.55
$113,405.54
7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "in personam "judgment) against the
Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy
proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal
liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property
pursuant to Pennsylvania law.
9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within
the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants
through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit
Counseling Agency.
WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $113,405.54,
together with interest at the rate of $12.20, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By:
GO DBECK ?MPCAI& WKEEVER
BY: MICHAEL T. MCKEEVER, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Rose Hunter , 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, information and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities.
Date: A
V k?_, Rose Hunter SPWWW
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
#79361FC UNA C. DORSEY and LEO J. DORSEY
425 Country Club Road Camp Hill, PA 17011
ExhibitA
legal description
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp
Hill, County of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern side of Country Club Road, said
point being located two hundred twenty (220) feet northwardly from the
intersection of Country Club Road with the Pennsylvania State Highway
By-pass Route No. 11, and extending thence northwardly along the
eastern side of said Country Club Road eighty-four (84) feet to a
point at other lands now or formerly of Paul J. Binder and Mary L.
Binder; thence at a right angle eastwardly along land now or formerly
of said Paul J. Binder and Mary L. Binder, one hundred and fifty-five
(155) feet to a point at lands now or formerly of Charles O. Barr,
Jr.; thence at right angle southwardly along lands of said Charles O.
Barr, Jr. and lands now or formerly of Paul J. Binder and Mary L.
Binder, eighty-four (84) feet to a point at lands now or formerly of
Clarence E. Berner; thence at right angle westwardly along lands now
or late of said Clarence E. Berner, one hundred fifty-five (155) feet
to a point on Country Club Road, the place of BEGINNING.
CONTAINING eighty-four (84) feet frontage on the aforesaid Country Club
Road and extending of that width in length or depth one hundred
fifty-five (155) feet to lands now or late of the said Paul J. Binder
and Mary L. Binder, and lands now or late of Charles 0. Barr, Jr.,
even width throughout. It being a part of lot number 5, all of lot
number 6 and a part of lot number 7, in Section A, on a plan of lots
known as County Club Hills, as laid out by Schimmel Binder Inc.
HAVING THEREON ERECTED a two and one-half story single brick and frame
dwelling with attached garage known as house No. 425 Country Club
Road, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES WHICH Leo J. Dorsey, married, by his Deed dated
March 1, 1995 and recorded march 1, 1995 in the Office of the Recorder
of Deeds for Cumberland County in Deed Book 119, Page 80, granted and
conveyed unto Leo J. Dorsey and Una C. Dorsey, his wife.
I Certify this to be recorded
In Curnbc-Hand County PA
Z 4.4.
Recorder of Deeds
BKI804: "819
E...x.hibit 0
Date: March 5, 2009
TO: UNA C. DORSEY
Homeowners Name: UNA C. DORSEY and LEO J. DORSEY
Property Address: 425 Country Club Road, Camp Hill, PA 17011
Loan Account No.: 0617933411
Original Lender: WASHINGTON MUTUAL BANK, FA
Current Lender/Servicer: HOMEQ SERVICING CORP.
HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
designated consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (331 DAYS IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature of
your default.) You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU
HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA
WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND
THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER
FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE
FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be pursued against you if you have met
the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for
Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date)
3
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 425 Country Club Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
(a) Monthly payment from 11/01/2008 thru 3/5/2009
(5 mos. at $1,045.38/month) $5,226.90
(b) Late charges from 11/01/2008 thru 3/5/2009 $297.08
(c) Other charges; Escrow, Inspec., NSF Checks
(d) Other provisions of the mortgage obligation, if any
(e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $5,523.98
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $5,523.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check
certified check or money order made payable and sent to:
WASHINGTON MUTUAL BANK
Attention: Collection Department
7255 Baymeadows Way
Jacksonville, FL 32256
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly installments.
If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender brings legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
Period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale
You may do so by paving the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four 4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to
you before the sale. Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment or action will by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: WASHINGTON MUTUAL BANK
Address: 7255 Baymeadows Way
Jacksonville, FL 32256
Phone Number: 888-852-1745
Fax Number: 818-775-6260
Contact: Collection Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who
will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Contact: Collection Department
Phone Number: 888-852-1745
CI-09-01581
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE
LOANS AND OTHER ASSETS OF
WASHINGTON MUTUAL BANK, F/K/A
WASHINGTON MUTUAL BANK, FA
7255 Baymeadows Way
Jacksonville, FL 32256
Plaintiff
vs.
CAROL L. JOHNSON
Mortgagor(s) and Record Owner(s)
of Lancaster County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
204 Duke Street
Ephrata, PA 17522
Defendants;
Term
No. CI-09-01581
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JOHNSON, CAROL L.
CAROL L JOHNSON
204 Duke Street
Ephrata, PA 17522
Your house at 204 Duke Street, Ephrata, PA 17522 is scheduled to be sold at Sheriffs Sale on
Wednesday, September 30, 2009, at 1:30 PM, in Courtroom A 50 N. Duke Street, Lancaster, PA to enforce
the court judgment of $111,129.62 obtained by JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON
MUTUAL BANK, F/K/A WASHINGTON MUTUAL BANK, FA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
IN THE COURT OF COMMON PLEAS
To prevent this Sheriffs Sale you must take immediate action:
CI-09-01581
1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON
MUTUAL BANK, F/K/A WASHINGTON MUTUAL BANK, FA, the back payments, late charges, costs
and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or
1-866413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings
4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-299-8200.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-299-8200.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
8. You may contact the Foreclosure Resource Center: ://www.philadelphiafed.ore/foreclosure/
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 LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF COURT ADMINISTRATION
50 North Duke Street
PO Box 83480
Lancaster, PA 17608-3480
717-295-3584
LANCASTER BAR ASSOCIATION
CI-09-01581
28 E. Orange Street
Lancaster, PA 17602
717-393-0737
CI-09-01581
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-295-3584 or 717-393-0737.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
htlp://www.phfa.oriz/consumers/homeowners/real.aspx.
5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone
about Loss Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention(a.goldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-
6411. Please reference our Attorney File Number of 78069FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
CI-09-01581
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000- Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6318
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE
LOANS AND OTHER ASSETS OF
WASHINGTON MUTUAL BANK, F/K/A
WASHINGTON MUTUAL BANK, FA
7255 Baymeadows Way
Jacksonville, FL 32256
VS.
CAROL L. JOHNSON
Mortgagor(s) and Record Owner(s)
204 Duke Street
Ephrata, PA 17522
IN THE COURT OF COMMON PLEAS
of Lancaster County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Plaintiff
Defendant(s)
Term
No. CI-09-01581
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JOHNSON, CAROL L.
CAROL L. JOHNSON
204 Duke Street
Ephrata, PA 17522
Your house at 204 Duke Street, Ephrata, PA 17522 is scheduled to be sold at Sheriffs Sale on
Wednesday, September 30, 2009, at 1:30 PM, in Courtroom A 50 N. Duke Street, Lancaster, PA to enforce
the court judgment of $111,129.62 obtained by JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON
MUTUAL BANK, F/K/A WASHINGTON MUTUAL BANK, FA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
CI-09-01581
1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON
MUTUAL BANK, F/K/A WASHINGTON MUTUAL BANK, FA, the back payments, late charges, costs
and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or
1-866-413-2311.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings
4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-299-8200.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriff of 717-299-8200.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be
paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is
wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
8. You may contact the Foreclosure Resource Center: hM://www.philadelphiafed.orp-/foreclosure/
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 LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF COURT ADMINISTRATION
50 North Duke Street
PO Box 83480
Lancaster, PA 17608-3480
717-295-3584
LANCASTER BAR ASSOCIATION
CI-09-01581
28 E. Orange Street
Lancaster, PA 17602
717-393-0737
CI-09-01581
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-295-3584 or 717-393-0737.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud,gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Pennsylvania Housing Finance Agency also offers other loan programs that
may assist homeowners in default. Please See the PHFA website
http: //www.phfa.org/consumers/homeowners/real. asspx.
5). Call the Plaintiff (your lender) at 866-926-8937 and ask to speak to someone
about Loss Mitigation or Home Retention options.
6). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com.
Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is Courtenay Dunn who can be reached at 215-825-6311 or Fax: 215-825-
6411. Please reference our Attorney File Number of 78069FC.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
2OO1O0b81ta S on 1874 PIM
Commitment Number. C51249A.PFD
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to In this Commitment is described as follows:
ALL THAT CERTAIN lot or piece of land, situate, lying and being in the Township of Lackawaxen. County of
Pike, and State of Pennsylvania, more particularly described as follows, to wit:
Lot Number 166 in the subdivision of Westoolang Park Division, Section X, recorded in the Office of the
Recorder of Deeds of Pike County in Plat Book Volume 8 at page 82 on 923!1970.
UNDER AND SUBJECT, neverfimless, to the covenants and restrictions set forth in those certain
covenants, easements and restrictions recorded in Deed Book 225 page 443 and following on 7/1011969,
which recorded covenants, easements and restrictions are hereby incorporated herein and made a part
hereof, which the Grantee(s) by acceptance of this deed agrees to observe and perform.
TOGETHER with the right to use the private roadways as shown on said recorded plat for purposes of
ingress, egress and regress In common with the Grantor, its successors and assigns and other purchasers
of reel property from the Grantor, its successors and assigns. The granting of this right by the Grantor to the
Grantee does not constitute a dedication of such private roadways to the public, and is sup)ect to the
reservations, covenants, restrictions, easements and conditions as set forth in said recorded declaration
thrxeof. Grantor, however, reserves the right to at any time make any dedication of such roadways or any
portion thereof to the public.
BEING the same premises which Robert Borkowski and Kathleen M. Borkowski, husband and wife by
Indenture dated 6/2311993 and dated 62411993 in the Office of the Recorder of Deeds in and for Pike
County, in Deed Book 727 page 115, granted and conveyed unto Robert P. Borkowski and Kathleeen M.
Borkowski, husband and wife.
TOGETHER with unto the grantees herein, his heirs and assigns, all rights, liabilities and privileges In the
aforesaid deed. Reference may be had to said deed for said rights, liabilities and privileges in connection
with this Indenture with the same force and effect as though set forth fully herein.
ALTA CcnrnYYrrent
Sdredule C
p
RLED-OTICE
OF THE PRrf s rio t?TARY
2009 APR 13 AM 11. '9
CUP, -")NTY
Pd. t
ftb'- 3775?Sr
jt1?A a,) 3sT
Sheriffs Office of Cumberland County
R Thomas Kline ptr ofubrrf Edward L Schorpp
Sheri °4 Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFIrE Of Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Una C. Dorsey, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In
Mortgage Foreclosure according to law.
04/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Leo J. Dorsey, but was unable to locate him in his bailiwick.
He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage
Foreclosure according to law.
04/15/2009 11:00 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 15,
2009 at 1100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Leo J. Dorsey by making known unto Leo C. Dorsey, son of defendant, at
425 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the
same time handing to him personally the said true and correct copy of the same.
04115/2009 11:00 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 15,
2009 at 1100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Una C. Dorsey by making known unto Leo C. Dorsey, son of defendant, at
425 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the
same time handing to him personally the said true and correct copy of the same.
05/05/2009 Dauphin County Return: And now, May 5, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania,
do hereby certify and return, that I made diligent search and inquiry for Una C. Dorsey the defendant
named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of
Dauphin and therefore return same NOT FOUND.
05/05/2009 09:03 AM - Dauphin County Return: And now May 5, 2009 at 0903 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Leo J. Dorsey by making
known unto himself personally, defendant at 1509 North 15th Street Harrisburg, Pennsylvania 17103 its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $102.60
May 11, 2009
SO ANSWERS,
". -'i '40 -1 ",
...-
R THOMAS KLINE, SHERIFF
zz;?f y741-
Del:fufy Sheriff
2009-2266
JP Morgan v Una Dorsey
Ial „ . ?
V?i?? hey t }1\r hls?
entutt Jaf the'*Iterfrf
Mary Jane Snyyder
R 1 Estate Depu
Charles E. Sheaffer
Chief Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
JP MORGAN CHASE BANK NA
VS
LEO J DORSEY
Sheriffs Return
No. 2009-T-0964
OTHER COUNTY NO. 20092266
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,
that I made diligent search and inquiry for UNA C DORSEY the DEFENDANT named in the within
COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of
Dauphin, and therefore return same NOT FOUND, MAY 5, 2009.
DEFT LIVES AT 425 COUNTRY CLUB ROAD, CAMP HILL, PA 17011
Sworn and subscribed to So Answers,
before me this 5TH day of May, 2009
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
IS MCommission Ex Tres SeDt 1 2010
Sheriff of Dauphin C ty; -Pa.
By
Deputy Sheriff
Deputy: LISA BRESSLER
Sheriffs Costs: $60.5 4/16/2009
tatfixt of the 'sheriff
Mal Sn?der
R Estate Depu
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
JP MORGAN CHASE BANK NA
VS
LEO J DORSEY
Sheriffs Return
No. 2009-T-0964
OTHER COUNTY NO. 20092266
And now: MAY 5, 2009 at 9:03:00 AM served the within COMPLAINT IN MORTGAGE
FORECLOSURE upon LEO J DORSEY by personally handing to LEO J DORSEY 1 true attested copy of
the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents
thereof at 1509 NORTH 15TH STREET HARRISBURG PA 17103
Sworn and subscribed to
before me this 5TH day of May, 2009
A2?w
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
[my Commission Expires Sopt 1 2010
So Answers,
klell'o'e'lc-
Sheriff of Dauphin Co , Pa:
Y
Deputy Sheriff
Deputy: LISA BRESSLER
Sheriffs Costs: $60.5 4/16/2009
GOLDBECK McCAFFERTY & Mcf(EEVER
ATTORNEY FOR PLAINTIFF
BY: Michael T. McKeever
Attorney I.D. #56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6321
JPMORGAN CHASE BANK, N.A., AS
ACQUIRER OF CERTAIN ASSETS AND
LIABILITIES OF WASHINGTON MUTUAL
BANK FROM THE FEDERAL DEPOSIT
INSURANCE CORPORATION ACTING AS
RECEIVER WASHINGTON MUTUAL BANK
F.A
7255 Baymeadows Way
Jacksonville, FL 32256
Plaintiff
VS.
UNA C. DORSEY
LEO J. DORSEY
425 Country Club Road
Camp Hill, PA 17011
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. civil-09-2266
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of your costs only.
'0Aw P3 -, 6-k"
Michael T. McKeever, Esquire
Attorney for Plaintiff
Fil ED-0i 'ICE
'r'?' f!PTAF?Y
OF THE
2009 JUL -9 PH 3: 59