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Home My WebLink About04-2216IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., VS. Plaintiff, JEFFREY C. TAYLOR and VALERIE C. TAYLOR, Defendants. CIVIL DWISION NO.: - TYPE OF PLEADING CWIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN ~TTORNEY FOR PLAINTIFF FILED ON BEHALF OF PLAINTIFF: The Provident Bank, d/b/a PCFS Financial Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: l HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: National Service Center, 175D One East Fourth Street Cincinnati, OH 45202 AND THE DEFENDANTS IS: 334 East Meadow Street Brian B. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 334 East Meadow St., Upper Allan Township (CITY, BORO, TOWNSHIP) (WARD) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS CIVIL DIVISION FINANCIAL SERVICES, INC., Plaintiff, NO.: VS. JEFFREY C. TAYLOR and VALERIE C. TAYLOR, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this 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 claimed in the complaint or 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, 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 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE PROVIDENT BANK, dPo/a PCFS CWIL DIVISION FINANCIAL SERVICES, INC., Plaintiff, NO.: C3q -' b~l/~ VS. JEFFREY C. TAYLOR and VALERIE C. TAYLOR, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE The Provident Bank, d/b/a PCFS Financial Services, Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis The Provident Bank, d/b/a PCFS Financial Services, Inc., which has its principal place of business at National Servicing Center, 175D, One East Fourth Street, Cincinnati, Ohio 45202 and is authorized to do business in the Cormnonwealth of Pennsylvania. 2. The Defendants, Jeffrey C. Taylor and Valerie C. Taylor, are individuals residing within the Commonwealth of Pennsylvania, whose last known address is 334 East Meadow Street, Mechanicsburg, Pennsylvania 17055. 3. On or about November 30, 1999, Defendants executed a Note in favor of Mortgage Lenders Network USA, Inc. ("Mortgage Lenders") in the original principal amount of $70,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 30, 1999, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Mortgage Lenders a Mortgage in the original principal amount of $70,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 14, 1999 in Mortgage Book Volume 1587, Page 100. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Mortgage Lenders assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on October 7, 2003 in Mortgage Book Volume 702, Page 2911. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the November 6, 2003 payment. 8. On or about March 11, 2004, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff did not send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. § 101, et seq., as a result of sending the Act 91 Notices. 10. The amount due and owing Plaintiffby Defendants is as follows: Principal Interest through 4/22/04 Late Charges through 4/22/04 Other Fees Attorney's fees Title Search, Foreclosure and Execution Costs $ 60,999.20 $ 6,953.68 $ 2,896.93 $ 390.35 $ 1,250.00 $ 2,500.00 TOTAL $ 74,990.16 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $74,990.16 with interest thereon at the rate of $17.88 per diem from April 22, 2004, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. rian B Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" I NOTE e;uT UEA o Secondary #ortgaoa Loan ---B~EDCOP¥ This agreement is subject to the previsions of the Secondary HOrtgage Loan Act. November 30, 1~ Catonsvilte c~ Harytand s-~. 334 EAST HEAODW DRIVE , NECNANICSRURG, PA 17055 Pl~per~ Add~s~ Ci~ Stare ~1P Code 1. BORROWER'S PROMISE TO PAY In return for a loan ~ I ha'~e r~.,~ivexi, I promise ~o pay U-S. $ 70,000,00 (eUs smount will be called "principal"), pins interest, tn theord~ofthe Lendg. Thel.,anderia MORTSk6E LENgERS NET~0RK USA, INC, I undcrs~l tha~ the ~ may Ir',~ ~ Nolo. T~C Lender or anyen~ who ~ak~ this No~ by ~ander and who is cnfitiex:l in receive payments under ~his Not~ will b~ call~l ~h~ "Note Holder." INTERF_~T I will pay intere~ a~ a yearly ra~ of '[0,5500 %, Interest will be ch~ged on uopa~fl principal until thc full amount of principal has been paid. 3. P.~YMENT$ I will pay principal and init, st by making payment~ ~ach month of U,S. $ 775.9 B I will mako my payments on lhe Bth day of each mooch ~cginning on January 6 , 2000 , I will make these pa.vu~nts eve.--/mou~h tmfil I have paid all of the principal and Interest and any other charges, ~ibedbelow, th~Imay~wem~derthisNote. If, on Becnmber 6, 2014 , I still owe am~unts under this Note, I ~ p~ aU d~ose amounts, in ~ on d~ d~te. Iwilfma~Cmymonlhlyp~)~neTt~sBz NlhnLPSEl CORP, CENTER llTN FL, 213 COURT ST., HIDDLETO~Ill CT 06457 o~ nra dt~cn~ p~ac~ ~ r~L~d by ~¢ Note Hol~, 4. BORROI~.,R'$ ~AILURIg TO PAY ~ R~IJIR,ED (~) Late C~ for ~erdue Pa~m~ H ~e No~ Hold~ h~ not r~v~ ~e ~ ~Oant of ~y ut' my ~y pa~ by ~c cad ~ 15 c~n~ ~ys ~ ~ ~ it ~ lan, I w~ ~y a h~ cb~c to ~e No~ Holder. ~a ~o~t of ~e ch~ge 10. O000 % of my ov~due ~ but not l~s ~ U.S. $ 77.60 ~d not mo~ U.S. $ 77,60 . I ~ pay ~ h~ ch~ge o~y once on ~ ~ ~enc ~ l do not p~ ~e ~ ~o~t of ~ch ~p~ly ~t by ~c ~ s~ in S~d-u 3 ~v~ ~ w~ ~ ~ de~a~L Ev~ E, ar a ~ when I ~ ~ ~ ~e NO~ ~1~ ~ not ~u~ ~ m p~ ~y ~ fu~ ~ d~cd b~ow, ~e No~ Holder (C) Nu~ ~om No~ Rold~ If I ~ ~ defa~ ~e Nora HoM~ ~ ~ mc a ~ nod~ ~lUng mc ~ E I do not pay ~ or.flue ~o~r by a da~ ~e NO~ ~ ~y r~ me ~ ~y ~y ~e ~ ~o~ ~ ~c~ w~h ~ not b~n p~d ~d ~ ~e owe ~ ~ ~o~L ~ ~ m~r ~ ~ l~ 30 ~ys ~ ~e ~ GU w~h ~e no~ ~ ~ ~ me ~. E it ~ not m~, 30 If ~e No~ ~ ~ ~ me ~ pay ~m~ly ~ ~U ~ ~s~ ~'e, ~e Nora Hol~ ~1 ~ve ~e right ~ ~ p~ b~ for ~ 0~ i~ ~ ~d ~ to ~e ~t ~t ~0~ by ~pHc~le ~. ~o~ ~p~ ~clufl~ for c~ple, ~s' ~, TI[IS NOTE SECURED BY A MORTG&GE In~ddhionterhep~OteCfionsgiv~mthcNomHolderundurthisNotc, aMortgage, dated November 30, 1999 , protecU the Nee l-I~l,~,r f~om possible bsses which might result if I do uot keep the promises which I make in this Note. ~ Mon~te dea'cn]~ how and under whai conditions I may be requir~ ~o mak~ immediate pityl'nant ill fun o~ nil amoun~ ~ I owe undgr this Note. PENNSYLVANIA - SECOND MORTGAGE -' t/80- FNMA/FHLMO UNIFORM {NOTRUMENT { · 1 ~ve ~ fight ~ ~ pa~ of p~d~ ~ ~y ~ ~or~ ~y ~e due. A pa~ Oi pr~d~ only ~ ~o~ ~ a '~ay~t" ~ I ~ a pr~a~ I ~ ~ ~ No~ Hold~ p~pa~c" I ~y ~e a ~ pr~aym~ a~ ~y ~e, ff I chic ~o m~e a pr~aym~t ~ ~e ~e ~y ~ one of my ~n~ pay~ ~s due. 7, BOSOm'S W~S I w~ my ~gh~ to ~ ~ No~ Eold~ ~ do ~ ~g~.~ose ~gs ~e: (A) ~ dc~d paym~t of ~o~ duc ~ offi~ ~ ~ nonpa~t ~o~ a.a "~st"). ~onc~lse who who a~ to ~e ~ym~u m ~c No~ Hold~ ~ I ~1 ~ ~p my S. GI~G OF NO~C~ ~ no~c ~at m~st be ~v~ ~ mc ~er ~ N0~ w~ b~ ~v~ mc at ~e ~p~ Ad~ ~vc, A no~ce w~ ~ ~eliv~ or ~ ~ m~ at a ~f~t a~ E I ~vc ~v No~ Hold~ a no~ of my ~t ad~, ~t a~s. 9, RES~NS~Y OF PE~ONS ~ER T~ N~ ~ more ~ one ~n si~s ~s No~, ~h of us is ~ ~d ~ do ~ ~gs. ~ No~ ~o~ may ~orce ~ ~ under ~ ~s m~ ~ ~y one of ~ may be r~ ~ ~y ~ of ~e ~o~ or ob~o~ ~d~ ~ No~ ~ ~vc ~ of my ~gh~ ~d must (Seal) (Sign Original Only) EXHIBIT "B' [ MORTGAG_B 1 ~ ~ o ILLEGIBLE ORIGINAL ~ o ,-, -"-' ,~,'.,,~=v ~,~.587 rAG[ ,.tO0 · .,{0.%0011,127 . n,y. ~ooK:LS~? f~ ,t0t sooxtS$7s,~ ,/.02 ./ u:,~,dmbl~..omm~L,~zdaris YzoaI,,gSEI GaaP, ¢IINTER 11T# FL. 815 ~OUB'T BT., #XDDt.ttTotlqt OT OB4B? EXHIBIT A VERIFICATION Sophia Coleman, Foreclosure Specialist and duly authorized representative of The Provident Bank, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities that the facts set forth in the 'foregoing Complaint are true and correct to her information and belief. Sophia Coleman Foreclosure Specialist The Provident Bank SHERIFF'S RETURN CASE NO: 2004-02216 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS TAYLOR JEFFREY C ET AL - REGULAR CPL. MICHAEL BkRRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon TAYLOR JEFFREY C DEFENDANT , at 1935:00 HOURS, on the 19th day of May at 334 EAST MEADOW STREET MECHANICSBURG, PA 17055 by handing to JEFFREY C TAYLOR a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the · 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ ~ day of honotary So Answers: R. Thomas Kline 05/20/2004 GRENEN & BIRSIC By: ~ eputy S SHERIFF'S RETURN CASE NO: 2004-02216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENT BANK THE VS TAYLOR JEFFREY C ET AL - REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE TAYLOR VALERIE C DEFENDANT , at 1935:00 HOURS, at 334 EAST MEADOW STREET MECHANICSBURG, PA 17055 JEFFREY C TAYLOR, Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 19th day of May by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE the together with law, , 2004 and at the same time directing His 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 2~~ day of 7~z 2~o~ A.D. So Answers: R. Thomas Kline 05/20/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC. CIVIL DIVISION Plaintiff, ISSUE NLrMBER: VS. JEFFREY C. TAYLOR and VALERIE C. TAYLOR, Defendants. NO.: 04-2216 Civil Term TYPE OF PI,EADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF: The Providenl Bank, clgo/a PCFS Financial Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutte,n, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, VS. C1VIL DIVISION NO.: 04-2216 Civil Term JEFFREY C. TAYLOR and VALERiE C. TAYLOR, Defendants. pRAECIPE TO SETTLE AND DISCONTINUE ..WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above.-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Brian B. Dutton, Esquire Attorneys for PlaintilT Sworn to and subscribed before me this [ IC3~day°f:"~Ct'vcxc~ ,2004. Notary Public COMMONWEALTH OF PENNSYLVANIA NotariahSeal Panda A. Townsend, No{a~y Public City Of Piltsburgh, Allegheny County , My Commission Expires June 2, 2007