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Home My WebLink About09-7031GOLDBECK 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 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. SHARON B. MYERS KURT M. MYERS Mortgagors and Record Owners 211 Chester Road Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term Vt No. -1031 TC? CML AAMJC :. 1pgT?AQ ,01F E 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 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 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.Po_v 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 h ://www.phfa.orsJconsumers/homeowners/real aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: hip://www.vhiladelphiafed.org/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 homeretention@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 David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 8838717C. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP., 7105 Corporate Drive, PTX C-35 Plano, TX 75024. 2. The names and addresses of the Defendants are SHARON B. MYERS, 211 Chester Road, Enola, PA 17025 and KURT M. MYERS, 211 Chester Road, Enola, PA 17025, who are the mortgagors and record owners of the mortgaged premises hereinafter described. 3. On June 26, 2008 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SECURITY ATLANTIC MORTGAGE COMPANY INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Instrument # 200823127. The mortgage has been assigned to: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. 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 April 01, 2009 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 ..................................................................................$272,951.75 Interest from 03/01/2009 through 09/17/2009 at 6.3750% .......................$9,581.67 Per Diem interest rate at $47.67 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph .................$13,647.59 Late Charges from 04/01/2009 to 09/17/2009 .............................................$504.59 Monthly late charge amount at $84.10 Costs of suit and Title Search ......................................................................$900.00 Monthly Escrow amount $386.18 $297,585.60 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. The 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 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $297,585.60, together with interest at the rate of $47.67, per day and other expenses, costs and charges incurred by the Plainrtiff 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: GOLDBECK McCAFFERTY & Mc VER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION Michael T. McKeever, Esquire, hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the Verification could not be obtained within the time allowed for the filing of the pleading that he is authorized to make this verification pursuant to Pa.R.C.P 1024(c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon the information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Michael T. McKeever, Esquire PA I.D. #56129 #88387FC SHARON B. MYERS and KURT M. MYERS 211 Chester Road Enola, PA 17025 Prepared By and Return To: Referral Department GOLDBECK McCAFFERTY & McKEEVER Mellon Independence Center - Suite 5000 701 Market Street Philadelphia, PA 19106-1532 215-825-6344 GMM File Number: 88387FC Parcel ID#: 09-15-1290-200 ASSIGNMENT OF MORTGAGE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SECURITY ATLANTIC MORTGAGE COMPANY INC. (Assignor), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. RAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP (Assignee), all of its right, title and interest, as holder of, in, and to the following described mortgage, the property described and the indebtedness secured by the mortgage: Executed SHARON B. MYERS and KURT M. MYERS , Mortgagor(s); to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SECURITY ATLANTIC MORTGAGE COMPANY INC. Bearing date of. June 26,2008; Amount Secured: $275,115.00; Recorded on July 08, 2008; in Instrument # 200823127; in the Recorder of Deeds Office of Cumberland County, Commonwealth of Pennsylvania ("Mortgage") Property: 211 Chester Road, Enola, PA 17025 AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS ASSIGNMENT. Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever. Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this Assignment of Mortgage on this day of , 2009. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR SECURITY ATLANTIC MORTGAGE COMPANY INC. (Affix Corporate Seal) (SEAL) i 6A 1?1111110 yTitle: AL) Name: Ken AssWL VIM PreddW Title: ss: STATE OF TFXA COUNTY OF IN ) Wf ®82W BE IT REMEMBERED, that on this day of , 2009, before me, the subscriber, a Notary Public personally appeared ATLANTIC MORTGAGE COMPANY INC. officers of Assignor, who I am satisfied are the persons who signed the within instrument and they acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers aforesaid, and that the within instrument is the voluntary act of such corp ion made by virtue of a Resolution of its Boad-of 'rectors. .? SOPWA L CU MIMNGS Notary Public x?T• STATE OF TEXAS Notary Public My QWW. Erp. W-1 1-11 My commission expires: MA I hereby certify the address of the Assignee is: Case #: 88387FC (ExFiiditA t?htbat t?l ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro, Cumberland County and State of Pennsylvania, more particularly bounded and described in accordance with that certain survey of Hartman Associates, inc., dated September 7, 1994 and revised October 7, 1994, as recorded December 9, 1994, in Plan Book 69, Page 31, as follows, to wit: BEGINNING at a iron pin on the Southern right of way line of Franklin Road (50 foot wide and unopened) at the dividing line between Lots #1 and Ldts 42 as shown- on the hereinafter mentioned plan, said point being; referenced, North 82 degrees, 10 minutes, 00 seconds F,ost, a distance of 149.54 feet along the Southern right of way line of Franklin Road from a concrete monument on the Eastern right of way line of Center Street (S.R. 1014 7760" commencing from said point of BEGINNING along the Southern right of way line of Frankin 1 (unopened), North 92 degrees, 10 minutes, 00 seconds East, a distance of .130.00 fleet to a concrete monument at the intersection of the Western right of way line of Cheater Avenue (50 feet wide) and the Southern right of way line of Franklin Road; said Chester Avenue being improved in a northerly direction and Franklin Road being improved in an Easterly direction from the previously mentioned intersection; THENCE along the Western right of way line of Chester Avenue (unopened), South 07 degrees, SO minutes, 00 seconds East, a distance of 100 feet to an iron pin on the Northern line of lands now or late of Earl K. Heilner THENCE, along the Northern line of lands now or formerly of Earl K. Heilner, South 82 degrees, 10 minutes, 00 seconds West, a distance of 120,00 feet to an iron pin at the dividing line between Lots #I and hots 42 aforementioned; THENCE along the dividing line between Lots #1 and #2, North 13 degrees, 32 minutes, 29 seconds West, a distance of 100.50 feet to an iron pin, being the place of BEGIN Ns ING. BEING the same premises which Randall R. Smeigh and Lynnettc K. Smeigh, husband and wife by deed dated 1/6/1995 and recorded 1/10/1995 in Cumberland. County in book 117 on page 352, granted and conveyed unto Kurt M. Myers and Sharon B. Myers, husband and wife, in fee. Parcel Number: 09-15-1290-200 1145999604-O1SKO9 M0MIM US Recerdinw Q ?ILCt .J?I?:'J F ?T a'_aNDTARY OF THE 2009 GGT 15 AM 8: 22 GUM •' q $qg. 5t;, Pa AITY aw CA3 ?3,?1D(oat Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Tl? L'"aF.F 'r+.? Edward L Schorpp Solicitor BAC Home Loans Servicing, L.P. Case Number vs. Sharon B. Myers 2009-7031 SHERIFF'S RETURN OF SERVICE 10/19/2009 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kurt M. Myers, by making known unto himself personally, at 211 Chester Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/19/2009 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sharon B. Myers, by making known unto Kurt M. Myers, husband of defendant at 211 Chester Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS October 20, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff GOLDBECK McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. 7105 Corporate Drive PTX C-35 Plano, TX 75024 vs. SHARON B. MYERS and KURT M. MYERS Mortgagor(s) and Record Owner(s) 211 Chester Road Enola, PA 17025 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 09-7031 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Plaintiff s Complaint filed on October 15, 2009 in the above captioned matter. GOLDBECK McCAFFERTY & McKEEVER BY: Michael T. McKeever Attorney for Plaintiff GOLDBBECW McCAFFERTY & McKEEVER Professional Corporation By: Michael T. McKeever Attorney I.D. #56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6303 ATTORNEY FOR PLAINTIFF BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP. 7105 Corporate Drive PTX C-35 Plano, TX 75024 VS. SHARON B. MYERS and KURT M. MYERS Mortgagor(s) and Record Owner(s) 211 Chester Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Term No. 09-7031 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification to Plaintiff's Complaint was served on Defendant(s) via first class mail on November 24, 2009 as follows: SHARON B. MYERS 211 Chester Road Enola, PA 17025 KURT M. MYERS 211 Chester Road Enola, PA 17025 GOLDBECK McCAFFERTY & McKEEVER ?, ?c ?d Michael T. McKeever Attorney for Plaintiff a VERIFICATION I, Benjamin Hillis 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 unsworn falsification to authorities. Date: OCT 0 9 2009 Ben! Hillis-Asst. Sere ry #88387FC - SHARON B. MYERS and KURT M. MYERS 211 Chester Road Enola, PA 17025 AN. -.r j^' tv T,ARY ZOQgwm, 3a A ti!: 0a 1Y -x tj GL?,y