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HomeMy WebLinkAbout01-0185 COLUMBIA NATIONAL, INCORPORATED FIKIA P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYL VANIA CIVIL ACTION - LAW vs. Defendant ACTION OF MORTGAGE FORECLOSURE #' 0 !-1~6 CtD[{ BARBARA A. MCCLURE TillS 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 POPER 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADd A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE 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 PARTlCIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR 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. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 COLUMBIA NATIONAL, INCORPORATED F/K/ A P AINEWEBBER MORTGAGE FINANCE, INC., : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE BARBARA A. MCCLURE, Defendant 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, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED FIKIA P AINEWEBBER MORTGAGE FINANCE, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE '/l.e 0 {- {rs- C;:.i / ~ BARBARA A MCCLURE, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED FIKIA PAINEWEBBER MORTGAGE FINANCE, INC., is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, BARBARA A. MCCLURE, is an adult individual, whose last known address is 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013. 3. On or about, June 22, 1993 the said Defendant executed and delivered a Mortgage Note in the sum of $52,400.00 payable to PAINEWEBBER MORTGAGE FINANCE, INC., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office ofthe within County and Commonwealth in Mortgage Book 1145, Page 882 conveying to original Mortgagee the subject premises, PAINEWEBBER MORTGAGE FINANCE, INC. is now known as COLUMBIA NATIONAL, INCORPORATED. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 424 DOGWOOD COURT, CARLISLE, PENNSYL VANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May I, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $48,143.98 Interest at $9.56 per day From 04/01/2000 To 02/01/2001 ( based on contract rate of 7.250%) $2,925.36 Accumulated Late Charges $165.09 Late Charges at $18.87 Per month for 10 months $188.70 Escrow Deficit $269.45 Attorney's Fee at 5% of Principal Balance $2,407.20 $54,099.78 **Together with interest at the per diem rate noted above after February 1, 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 of a third party purchaser at Sheriffs Sale. Ifthe Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement 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. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring her 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 Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff dernands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.250% ($9.56 per diem), together with other charges and costs including escrow advances incidental thereto to the dat f Sheriff s Sale and for foreclosure and sale of the property within described. ~ ~/ B~. //, ~ ~ELL, HALLER '!::eon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) NOTE JUNE 22 ,1993 . , Di.1l5b.url1. (0'11 Pi'. ......,......'.'.' .-> 424 DOGWOOD CT. CARLISLE. PENNSYLVANIA 17013 .........,..............,............~;..~)....,...... . 1. BORROWER.'S PllOMlSE TO PAY In retunl fQra w.n that I have received, 1 promise to pay U.S. S...................**52. 400. OCXIbis ~ is called ~princi.pal.). plus iDIerest, to the order of the Lender. The Lender is PA I NEWEBBER MORTGAGE FINANCE. I Ne, I understand that \:he Lel1dcr may transfer this Note. The Lender or 1ilI}'One who takes this Noce by InnsferllDd who is elJlitled to receive pymenbUtldertbisNotc is called the "Not.e Holder: 1.INTERfSI' lntemst will be tbarged OIl unpaid principal until the full amoul;lt C)f principal has been paid. [ will pay interest at . yearly rate of ****-'.2601'. The intuesthZrequi.rt\d by this Section 2 is Ibe tate 1 will pay bath before and after any default described in Section6(B) of this Nolt. 3. PAYMENTS (A.) TIlDe andPl.~ of Payments I will pay principal. and interest by making pa)'Ulcnts every month. Iwill~Ql.ymonthlypa)1nentsonthe 1ST dayofeachmonthbegillningon AUGUST 1ST 19.1l-.1 will ri:Wl.e these payments every month until I have paid all oftbe priDcipalan4 intercstand any ocber chuges described below that I lD8y owe \JDder this Nate. My monthly paytDellt$ will be applied to intereSt before prineipal. U. OIl JUL V 1ST 2023 . I:still owe amounts UDder this Note, I will pay those amDUDIS in full lJQ that da1e,whichuca11edthe~lUturitydate.~ I will makem, lDDDlhI,.."".",,,, P,O. BOX 90S. COLUMBIA. MARYLAND 21044-0905 or au differwp1ace ifrequiredby the Note HoIder. (8) AmauDt or MODthly P.ym~ta My moDtbly pa)'D1llUt will be in the amount of U.S. $ *********357.47 4. BOnOWER'S RIGHT TO PREPAY t ha,vetbe rigbtto make PBytncnts of principal at any time beforethty are due. A paymemofprincipal only is known as a -prepayment." When t make. ptepa)'lDtUt, t will tell the Note Holder in writing that I am doing so. [ may make a fun prepayment or partial prepayments without paying any prepayment charge. The Note Holder wilJ use all of my prepayments to reduce the amount ofprineipai that t owe IlIIder this Note. If 1 make a partial prepayment, there will be no changes in Ibc due date C)J' ill. the amollllt of my blOtlth1y payment UnleSs the Note Holder agrees in Miting to those changes, 5. LOAN CBAJt.GES Ifa law. whicb applies to this loan and whic:h:sets maximum loan c:harges. is fmally interpreted so that the interest or other loan charges collected 01' to be collected in c:otUlection with this loan exceed the permitted. limits, then: (i) any such loan charge sbal1 be reduced by tbe atnOunt necessary to reduce the charge to the permitted limit; and Oil any sums already collcc::tc4 from me which execedcd permitted 1ilUs will. be refunded to me. The Nore Ho1d~~ may choose to make this refund by reducing the prinCipal I owe under !his Note or by making a direct payment to me. If a refund reduces principal. the reduction wUl be treated as a partial prepayment. ,. BORROWER'S FAILURE TO PAY ASREQtilRED (A) lAte CharJt: for Overdue Payments If \he Note Holder has not received the full amount of any monthly payment by the en"ft of F' FTEEN calendar days after the date it is due, l will pay a late charge to the Note Holder, The amount of the charge will be 5~ of my overdue payment of ptincipal and interest. I will pay this late charge promptly but only omle on each late payment. (B) Defauli If t do not pay Ibc full iUDQUnt of each monthly payment on the date it is due, I will be in default. (C) Nolke ofnefault U I un in default, tbe Note Holder tn2y send me a wrinen notice lelling me that if l do not pay the ovudut amount by a certain datc,lbc Note Holder may require me to l*Y immediately !he fulllQloUDt of principal which has not been l*id and all !he intm:st that l owe 011 that emoUbt. That date IDUSt bel at leNt 30 days after !he date on which the notice is delivered or biled to me. (0) No Watvv.,. Note Bolder Bven if, at a time when t am. itt default. the Nom Holder doc:s hOt require D'le to pay immediately in fun as descn"bed abc.we,lhe N~ Holder wUllltill bave1he riRht to do so if I am. In defauhat a 1ater time. (E) PaytDCbt or Note Bolder', Com and ExpeIIIeI If Ihe Note Holder bas ttquired me to pay inunedlatt:ly in full as dc.scribed above, the Note Holder will. have the right to be pU:I_kby me for all of its casts and expenses in enforcing this Note to the e;t;b:nt. not prohibited by applkable law. Those. e~ iDclude., ec.- example, rea.soub1e auonaeys' fees. ex hip; t .yt'. MULnSTATE mED IlA TE NOTE. Slnglt F.m1iy .FNMA/FHlJofC UNlfOR){ INSTRUMENT 32000\ FNS1 06/21/93 Pagelof2 5:37 PM FtmD 32tt UII3 01868066 '___._.e>.._...."_...,___ 7. GIVING OF NOTICES U!lless applicable law requires a different method, any notice that mu.~t be given to me under this Note will be given by delivering it or by mailing it by 'fll'St class mail to me at the Property Address above or at a different address if [ give the Note Holder a notice of my different address. ADy notice that must be given to the Note Holder under this Note will be given by mailing it by fltst class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, 8. OBLIGATIONS OF PERSONS USDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, ll1lrety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including thl!: obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each per.son ~ividua11y or against all of us together. This meatlS that anyone of us may be required to pay all oftbe amounts owed under this Note. ,. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. uPresentment" means the right to require the Note Holder to demand payment of amounts due, "Notice of dishonoru means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. II. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage. Deed of Trust or Security Deed (the uSeeurity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security In.strument describes how and under what conditions [may be required to make immediate payment in full of all amounts I owe under this Note. Some of the c:ondidons arc described as follows: Tranarer or the Property or a BencrlCiallntcrest In Borrower. If all or any part of the Property or ~y interest in it is sold or tranSferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender'sprior written consent, Lender may, at its option, require immediate payment in full of all 5lIIJ1S secured by this Security Insttument. However, this option shall not be e:ll:ercised by Lender if exercise is prohibited by federailaw tIS of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shal1 provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these ll1lms prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THEHAND(S) AND SEAL(S) OPTHE UNDERSIGNED. WITHOUT RECOURSE PAY TOTt-IE ORDER OF 'fu~fi}rfl () }y,e~) BARBARA A. MCCL~~i ~- ~8EI1 MO~TaAGE Fi~Cr=:.IN.C. Br-.Y.-e _ . \:..-- ,~CAA\-(' ~i~e K. Laing Vice President \ (Seal) ~- (Seal) - (Sign Original Only) 32006 FNS1 06/21/93 Page2of2 5:37 PM 01868066 l r",'~~:':::"6A~~~fN~t::~/6~j~:~~:: .~':;.':- , , ! , , '. :.:: ,".:,.; '., ': -" ':>.... : ,< !, i', E' ~ f ALL THAT CBRTAIN Unit, being Unit No.5 (the "Unit"), of Willow Crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominium") and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscella- neous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for willow Crossing, A condominium (the First Amendment to Declaration of Condominium) and Declaration Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50\ interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TOGETHER with the right to use the limited CODDDOn elements applicable to the Unit being conveyed herein, pursuant to the Declaration of . Condominium and Declaration Plats and Plans. Being known as 424 Dogwood Court. , ,';"~''':''':!I:'.;~-'...: :-;:;:::':. ,"', ::.::~~~J:s~,;:<:}~~:! . ..., ,'" ,,'.~:::~~;:::.-~~',!1~f~,~-.~~~;:~',:~~:'.~,..y.., >..,.. -. ,':. ~ . - ~ ' EXniDHI~ , BOO~ 1145 P~CE 888 .~ 1.: . . " . ~~~~~~~{~~~~.~~f'/:::'~ > ' Pl' , ''" . . " . . " ''';~'~ , }";. 'f , .~ >". , ' . . '." '. ,~ ~ " ",., :.- . . . ; . . . PEC-04-2800 87:41 PURCELL,kRUG,HRLLER 717 234 1266 P.66/86 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED F/KIA ~ M:RlG'(E F'.JN>N:E, The. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. Dated J1lN.MY 9, 2001 By ~t\ () Title /F56..f- 71 7 234 1286 TOTAL P.86 PRGE.06 DEe 84 2660 85:43 SHERIFFrs RETURN - REGULAR CASE NO: 2001-00185 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC ET AL VS MCCLURE BARBARA A ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE MCCLURE BARBARA A the DEFENDANT , at 0019:40 HOURS, on the 19th day of January 2001 at 424 DOGWOOD COURT CARLISLE, PA 17013 BARBARA MCCLURE by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriffrs Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10,00 .00 31.10 Sworn and Subscribed to before me this aZ'f*'" day of ~..2'1' ~I A.D. q~u. t? /}UPh" U""'J J Prothonotary 1 S;;~~/ R. Thomas Kline 01/22/2001 PURCELL, KRUG & HALLER BY:L?/d-J~% ~~y Sheriff "'~ --------=-=:-:.~'"" ALL-STATELE 67 I S:i"BF. 67153'BGt~ :7U;PLY CO. FOR~ . !j!j-GY'6715' ~ I L[ i Ii ~~.i~ ~ ~~ r ~ ~ ~ ~ -" . !2! ~ . 0 0 > z ' " ' I ~:::: n ~ ~ ~ ~ " ' w " 0 ~I ~ - ~ " ~ I I . ~ ~ ~~ ~ ;J> ~ ~~ o~, ~ 0<' a- -c)o D.Q.'~ 6 " \ :v\9 t:::) C\~ :< ("":' C~,Ci ',. ,- I:~' -' .j.} ~ <;:> ~' \ COLUMBIA NATIONAL, INCORPORATED F/K/A P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. Defendant ACTION OF MORTGAGE FORECLOSURE -# 0 1- rg6 t ~L)i\ BARBARA A. MCCLURE 1 THIS FIRM IS A DEBT COLLECTOR AND WE ARE A TTEMPTINGTO 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 fwther 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 1HIS POPER 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 I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 I A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVlDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUJER 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, DECIDlR 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, PROPJEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENClA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 T RUE copy FROM RECORD In T 8Stif/lOOy Whereof. I hel'lllJl1tO III f4ft IlIIICl ~~~~-~ COLUMBIA NATIONAL, INCORPORATED F/K/A P AINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE BARBARA A. MCCLURE, Defendant , 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 ofthis 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. Ifthe 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, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE BARBARA A. MCCLURE, Defendant . COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., is a Corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, BARBARA A. MCCLURE, is an adult individual, whose last known address is 424 DOGWOOD COURT, CARLISLE, PENNSYL VANIA 17013. 3. On or about, June 22, 1993 the said Defendant executed and delivered a Mortgage Note in the sum of $52,400.00 payable to PAINEWEBBER MORTGAGE FINANCE, INC., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant 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 1145, Page 882 conveying to original Mortgagee the subject premises. P AINEWEBBER MORTGAGE FINANCE, INC. is now known as COLUMBIA NATIONAL, INCORPORATED. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 424 DOGWOOD COURT, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May I, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $48,143.98 Interest at $9.56 per day From 04/01/2000 To 02/01/2001 (based on contract rate of7.250%) $2,925.36 . Accumulated Late Charges $165.09 Late Charges at $18.87 Per month for 10 months $188.70 Escrow Deficit $269.45 Attorney's Fee at 5% of Principal Balance $2,407.20 $54,099.78 **Together with interest at the per diem rate noted above after February 1,2001 and other charges and costs to date of Sheriffs 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 of a third party purchaser at Sheriffs 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 judgement 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. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring her 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 (Homeownersr Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has 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 7.250% ($9.56 per diem), together with other charges and costs including escrow advances incidental thereto to the ~f Sheriffs Sale and for foreclosure and sale of the property within described. ~/ __/ /,' _ - By:/// ~ v wRCELL, ~HALLER 'Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTE JUNE 22 . ]993 , Dillsb.ur~... (eilyl PA (s....) 424 DOGWOOD CT. CARLISLE, PENNSYLVANIA 17013 .,............,..........................~~l............... 1. BORROWER'S PROr.USE TO PAt' In return for.1oan that [bave rec~ived. I promise to pay U,S. $**.***.**.........*......52.400. OCXthis amollDl is called "principal"), plus interest, to the ordero! the Lender. The Lender is PA INEWEBBER MORTGAGE FINANCE. INC, I undcmabd that \he Lender may lransfer this Note. The Lender or anyone wbo takes this Note by transfer and who is entitled to receive pllymentsundcrthis Note is called the "Note Holder." 2.INTEREST Interest will be eharged on unpaid principal untillhe full amount of principal has been paid. I will pay interest at a yearly rate of ****7 250 $. The interest rate required by this Section 2 is the rate [will pay both before and after any defaultdescnOed in Section 6(8) of this Note, 3. PAYMENTS (A) Time ud Pllce of Payments I will pey principal and iDterest by making payments every month. I will make my mcmthly payments on the 1 ST day of each month beginning on AUGUST 18T 19 ~. I will ri1ake these payments every month until I bave paid all of the principal and interest and any other charges described below that I may owe under Ibis Note. My monthly paymeDlS will be applied 10 interest before principal. If, on JUl V 1 ST 2023 , [ still owe amouDls UDder this Note, I wi1I P'ly those aIDOUIIIs in full on that: date. which is called the ~maturity date." lwill.......'montb1'paym,...ot P.O, BOX 905. COLUMBIA. MARVLAND 21044-0905 at at a different place if required by the Note Holder. (B) Amoolat of Moatbly Payments My monthly paymcntwill be in the amounlOrU.S. S ......***357.47 4. BORROWER'S RIGHT TO PREPAY t have the right to IDIke paymcots of prittcipal at any time before tbey arc due. A payment of principal only is known as a "prepayment." When I make a prepI)'JneDt.1 will teU the NQIe Holder in writing that r am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my pnpaymeuts to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no change:s in the due date or in the amouDt of my monthly payment Unless the Nate Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, whichapplJes to this 10lI\ and wbichsets maximum loan charges. is fmally interpreted so that the interest or other Ioancharses collected or 10 be collected in cODDecaou with this loan exceed the pcnnined limits, then: (I) liIIJ.y such loan charge shall be rcdlIccd by the amount ncccssaryto reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded ~ limits will be refunded to me. The Nore Hold... may choose ~ make this refund by reducing the principal I owe UDder this Note or by making a direct paymcntto me. II a refund reduces principal, the reduction will be treated as a pllrtlal prepayment. ,. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late: Charp; for Overdue Payments If the Note Holder has noC: received the full amount of any monthly payment by the enD of FIFTEEN calendar days after Ihe date it is due, [ wiu pay a late charge to the Note Holder. The amount of the charge will be: 5% of my overdue payment of principal and interest. [will pay this late charge promptly but only once on each late payment. (B) Maolt Ifl do not pay the full amount of each monthly payment on the dale it i!; due, r will be in default. (C)Noticeornefault If 1m in default, the Note Holder tn2y send me a written notice telling me that if I do not pay the overdue. amoum by a cettain date, the Note Holder may n:qlrire me to pay immedlatcly the full ImOllDt of principal which has not been paid and all the interest that I (We on thai: I\mOUIIt. Tbatdatemustbeatleast.30daysa.ftcr1bc date OIl which the notice is delivered armailed tome. (D) No Waiver 0,. Note Bolder EvetI. If. ata time when I am iD default. the Note Holder does not require me to pay immediately in full as descn"bed above, the Note HolderwillldllhavethcripttodollO iflamiD default.. a Iatcr time. (E) PaymeDt or Note Bolder'a Colts aad Es:peuea If the Note Holdet his required me to pay immediately In fun as dc8crlbed above, the Note Holder will have the right 10 be paid beck by me fur an of lis costs and expensc$ in enforcinlI this Note to the extent not prohIbltad by applicable law. Those upcnses ibclude. fur eumple, reasonable lUDtDeys' fees. ex hitJi t .~'- MULTISTATE FIXED JlA TE NOTE. SiDJle FamUy .FNMA/FHLMC UN'IFOItM INSTRU1>lErl,7 a:zoo,t. FNS1 06/21/93 PBSclof2 5:37 PM F_ 32M UII3 01868066 _.~.-~_~<N."..~..,"'..,' 7. GIVISG OF l'\OTICES Unless applicable law requires a differcntmethod, any notke that mu~\ be given to me under thi~ Note will be given by delivering it or by mailing it by'ftrSt class mail to me at the Property Addrc$.~ above or at a different addres..~ if [ give the Note Holder a notice of my differentaddress, Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. B. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than ODe person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the fuU amount owed. Any pei'son who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes overthesc obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person 4ndividually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note, ,. WAIVERS . I and any other person who bas obligations under this Note waive the rights of presentment and notice of dishonor. wPresennnent" means the right to require the Note Holder to demand payment of amounts due, ~Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. to. UNIFORM SECURED NOTE This Note is II unHorm instrument with limited variations in some Jurisdictions. In addition to the protection given to the Note Holder UDder this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security lnstnunent describeshow and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of the conditions are dc5cribed as follows: Tranaferorthe Property or a BenerlCiallnterest in Borrower. If all or any part of the Property or~y interest in it is sold or transferred (or if' a beneficial interest in Borrower is sold or transrerred and Borrower is nota naD.lral person) without Lender'sprior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security 1Dsttument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law a.s or the date of this Security Instrument. If Lender exercises this option, Lender sball give Borrower notice of acceleration. The notice sball provide a period of DOt less than 30 days from the dale the notice is delivered or mailed within which Borrower must pay aU sums secured by this Security InsIrumenl:.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Imtrument without further notice or demllDd on Borrower. WITNESS THEHAND(S) AND SEAL(S) OFTHE UNDERSIGNED. WllHOUT RECOURSE PAY TO THE ORDER OF 'f5rv.j~(iJrfl (J. fr..C(!kfif-l5ea1) BARBARA A. MCCL~~i -- (Seal) - ~8E11 MO,' ~iGAGE m~C:=:,INO. 6r-Y.-e _' \:-.-- ~::)c.v..\. (' \"--e~ribe K. laing Vice President \ (Seal) - (SignOrigiMIOnly) J200ll FNS1 06/21/93 Page20f2 5:37 PM 01868066 ._-~,-,--~.._.~-~..~'. , .' , ~:,\:.::,,'.:~~~,~~.~i;~~:W//6~~j;:~;:: ;~ i f, ~ '~::.'4;:' " ':. - '.; '., '. ~:. ... , ! r. i. f 1 . ALL THAT CERTAIN Unit, being Unit No'. 5 (the "Unit"), of Willow Crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominium") and Declaration Plats and Plans as recorded in the Recorder's Office of Cumberland County in Miscella~ neous Book 386, Page 889 and Plan Book 61, Page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A condominium (the First Amendment to Declaration of Condominium) and Declaration Plats and Plan as recorded in the Recorder of Deeds of Cumberland County in Miscellaneous ~ook 388, Page 412 and Plan Book 61, Page 97. TOGETHER with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. TOGETHER with the right to use the limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of . Condominium and Declaration Plats and Plans. Being known as 424 Dogwood Court. :; ::v~;~)i;1;1::'~:j$:'~' .. , '. . ,~ ' ;" ,'.. '. . '.~ '::;,~;::':~"~~~:::~::?;~:'~XT"~'~~ ,"" ::,,<, ~ .- ' .. ': , ':..:_1-.: ;':'~' .", ...' c.... .. ."14 cX~lIbi{ V , BOOK 1115 rACE 888 " :''-''. .:. ". < . ::::~~&g~~~~~k'5t'!t~:t~~;t~t,~~.. \:~.;.~.~., DEC-04-2000 07:41 PURCELL,KRUG,HRLLER 717 234 1206 P.06/06 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED, F /KfA ffiINE\11HHR M:RltJl(E FlN'\N:E, lI'C. VERIFICATION . I verify that the staternents made in the foregoing Cornplaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. Date d .:JI\N.J\RY 9, 2001 By ~(l n Title If5s../ 717 234 1206 TOTRL P.06 PRGE.06 DEC 04 2000 05:43 "'------"--_.~_.......... ., <?2) (c::>) ""@J ~ cs=2) (c::>) ~ ~ ) ,~ .:@ ~ 'VIH\I^lASHH3d -'l<' 1~\'VI"\ :1 ' ' , l ,1 ., ,I \01 WJ 6~ 2 Ollllf ~ (G, --= 'l9J ~ AlNOl0, '" !>.'JartflO HI1I3HS 3tH ~O 3:)1240 COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTIN - LAW vs. NO. 2001-00185 BARBARA A. MCCLURE Defendant : IN MORTGAGE FORECLOSURE STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Plaintiff intends to proceed in the above captioned action. However, the case was stayed by Bankruptcy as evidenced by the Suggestion of Bankruptcy heretofore filed. PURCELL, KRUG & HALLER ~ By' .~ P. Haller, 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney 10 #15700 Attorney for Plaintiff Dated: September 14, 2004 (") ,. .) c> = ~;: S-~2 -,'j (/; ... -0 O"l --0 -'. ( " '.. " " - , c...t1 -( _I COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTIN - LAW vs. NO. 2001-00185 BARBARA A. MCCLURE Defendant : IN MORTGAGE FORECLOSURE SUGGESTION OF BANKRUPTCY PLEASE TAKE NOTICE that the above captioned Defendant, Barbara A. McClure filed a Chapter 13 Voluntary Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-01-00693, on February 12, 2001. Pursuant to Section 362 of the Bankruptcy Code, all proceedings in this case are to be stayed. PURCE~~HALLER By:' " Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Atto,rney for Plaintiff Dated: September 14, 2004 CERTIFICATE OF SERVICE I, Leon P. Haller, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Suggestion of Bankruptcy was forwarded to the following individuals by regular U. S. Mail, first class service, postage prepaid, on September 14, 2004, addressed as follows: Barbara Ann McClure 242 Dogwood Court Carlisle, PA 17013 Charles J. DeHart, III, Esquire Post Office Box 410 Hummelstown, PA 17036 Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 ~, Dated: September 14, 2004 , f'''~) c-:.,--::) ..::.:., (/) '-, . . ~-' --'-r G-, -. U1 c,; Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL, ACTION - LAW Plaintiff VS. NO. 01-185 BARBARA A. MCCLURE, Defendant IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. PURCELL, KRUG & HALLER ~ 1D #15700 laintiff BY: Leon P. Ha Attorney for DATE: July 14. 2005 o r'" -::".: r-' "'" c"-' ,on 2:: r- p.) -l 4] o -0 "1-,-, \i1p :QCI; 1'-,- ':>~() -'~ -'1" _~(1 ~;(~, :';\rn ~:'':\ ~~ f:-? t.r. OJ