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Home My WebLink About09-6551Jeffrey L. Goodman, Esquire Attorney for Plaintiff Mail Code: 20-536-ARO 2 Aldwyn Lane Villanova, PA 19085 (610) 520-6925 Attorney I.D. 62689 Sovereign Bank 2 Aldwyn Lane COURT OF COMMON PLEAS OF Villanova PA 19085 CUMBERLAND COUNTY Plaintiff V. NO. 0 4 _ G 5S'I i mac,. ., David S. Beiler and Sarah Z. Beiler 452 Mount Sydney Rd Lancaster PA 17601 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE 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 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la cone toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus prop6edades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRI t'A ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO, SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFOR*CION SOBRE AGENCIAS QUE PROVEEN SERVICIO,LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C.' 01692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REUQEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF' THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Jeffrey L. Goodman, Esquire Mail Code: 20-536-ARO 2 Aldwyn Lane Villanova, PA 19085 (610) 520-6925 Attorney I.D. 62689 Sovereign Bank 2 Aldwyn Lane ; Villanova PA 19085 Plaintiff V. David S. Beiler and Sarah Z. Beiler 452 Mount Sydney Rd Lancaster PA 17601 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 6 y - (ssi -7-z...- CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Sovereign Bank, a corporation organized and existing under state law, with offices for the conduct of business at 2 Aldwyn Lane, Villanova, PA 19085. 2. Defendants, David S. Beiler and Sarah Z. Beiler are the mortgagors and real owners of premises 2407 Gettysburg Road, Camp Hill, PA 17100, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Sovereign Bank on November 10, 2006, which mortgage was recorded on December 15, 2006 in the Office of the Recorder of Deeds of Cumberland County, record Book 1976, Page 1838, secured on premises 2407 Gettysburg Road, Camp Hill, PA 17100 a true and correct copy of the said mortgage which includes a legal description of which is attached hereto as Exhibit I. 4. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 5. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from December 11, 2008 and each month thereafter, up to and including the present time. 6. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 12/11/2008 to 9/23/09 at $395.63 per diem Attorney's Fee Title Information Certificate Photostats and Postage Notarizations Total $ 1,018,068.45 $ 113,150.18 $ 50,903.42 $ 450.00 $ 50.00 $ 10.00 $ 1,182,,632.05 8. 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 Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 9. The original principal balance of the mortgaged involved in this action was $1,343,000.00, therefore this action does not come within the purview of Act 6 of 1974. 10. The defendant involved in this action do not reside in the mortgaged premises and therefore is not eligible for the assistance made available through the Homeowners Mortgage Emergency Assistance Program. WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $1,182,632.05, plus per diem interest at $395.63 from September 24, 2009 to the date of judgment plus costs thereon., ,ell Goodman, Esquire for Plaintiff VERIFICATION BRUCE SPADACCIA, VICE PRESIDENT, of full age, verifies that he is the agent for the plaintiff in the foregoing action; that he is authorized to make this verification on behalf of plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. cia, ce President EXHIBIT I ALL THOSE FOUR CERTAIN tracts of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a point on Pennsylvania Avenue, a distance of 219.33 feet Eastwardly of Lebanon Avenue and running Eastwardly 40 feet; thence at a right angle to Nina Alley, Southerly 150 feet; thence Westwardly along said alley, 40 feet; thence at right angles to the point of Beginning, 150 feet. BEING Lot No. 96 on a plan of lands of the Columbian Land Improvement Company of Harrisburg, Pennsylvania, recorded in Misc. Book 14, page 58, Cumberland County records. HAVING thereon erected a dwelling house. TRACT NO.2 BEGINNING at a point on Pennsylvania Avenue, 400 feet West of Schuylkill Avenue and running Westwardly 40 feet; thence at right angles, 150 feet to Nina Avenue; thence Eastwardly along Nina Alley, 40 feet; thence at right angles, 150 feet to the point of Beginning. BEING Lot No. 97 on a plan of land of the Columbian Land Improvement Company recorded in Misc. Book 14, page 287, Cumberland County records. TRACT NO.3 BEGINNING at a point on the South side of Old Gettysburg Road, formerly known as Pennsylvania Avenue, distant 320 feet West of Schuylkill Avenue; thence Westwardly 40 feet; thence at right angles Southwardly 150 feet to Nina Alley; thence along said alley, Eastwardly 40 feet; thence at right angles Northwardly 150 feet to the point of Beginning. SUBJECT TO the right of F. A. Klinger and others to maintain a water line across said lot near the Western boundary thereof under agreement dated August 4, 1926 for a period of 50 years. TRACT NO.4 BEGINNING at a point on the Southerly side of Old Gettysburg Road, formerly known as Pennsylvania Avenue, said point being 280 feet Westwardly from the intersection of Pennsylvania Avenue and Schuylkill Avenue, and at the dividing line between Lot Nos. 93 and 94 on the hereinafter mentioned plan of lots; thence along said dividing line, South 04 degrees 30 minutes West, 150 feet to a point on the Northern line of Nina Alley; thence along the Northern line of said alley, North 85 degrees 30 minutes West, 40 feet to a point; thence North 04 degrees 30 minutes East, 150 feet to a point on the Southern line of Pennsylvania Avenue; thence along the Southern line of Pennsylvania Avenue, South 85 degrees 30 minutes East, 40 feet to a point, the place of Beginning. TRACTS NO.3 AND 4 BEING Lot Nos. 95 and 94 on the Plan of Lots of Columbian Land and Improvement Company, as recorded in Misc. Book Vol. 14, page 287, Cumberland County records. Title To Said Premises Is Vested In David S. Beiler and Sarah Z. Beiler, his wife by Deed from Scott T. Woodruff and Deborah D. Woodruff, his wife, dated 9/12/2001 and recorded 9/28/2001 in Record Book 248, Page 2770. MAP #13-23-0549-095 y,ir ? ? err 210 SEP PM 2s b l ammaxo f) c,`_ 6 7 1 -2 J-- 3 /aGZ Jeffrey L. Goodman, Esquire Mail Code: 20-536-ARO 2 Aldwyn Lane Villanova, PA 19085 (610) 520-6925 Attorney I.D. 62689 Sovereign Bank 2 Aldwyn Lane Villanova PA 19085 Plaintiff V. David S. Beiler and Sarah Z. Beiler 452 Mount Sydney Rd Lancaster PA 17601 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 09 6551 Civil Term PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above captioned matter. Dated: November 18, 2009 L. Goodman, Esquire y for Plaintiff 7 FICSi I; -/w Y Y ip,r L}r?r 1t If 1.l\!t?" 1A 7 2009 OV 20 PM 2: 56 .4. 9 't X11, rte IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, ) Plaintiff ) V. ) DAVID S. BEILER and ) SARAH Z. BEILER, ) Defendants ) Case No. 09-6551 151 C M r. ._.. Nr- sv C) d < -Ta - ; Can a Mortgage Foreclosure PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the record thereof- X The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. T) A TR- WITNESS (if signer if other than a registered attorney): Attorney or Notary COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS; AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE TATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. S C. 904 EATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Type or print name of above signer