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Home My WebLink About01-0252FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 FIRST HORIZON HOME LOANS, F/K/A FT MORTGAGE COMPANIES, S/B/M TO E.B. MORTGAGE CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COUNTY SCOTT A. RATHFON 307 VALLEY ROAD SUMMERDALE, PA 17093 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in thc 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0008409120 Plaintiffis FIRST HORIZON HOME LOANS, F/K/A FT MORTGAGE COMPANIES, S/B/M TO E.B. MORTGAGE CORPORATION 4000 HORIZON WAY IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. RATHFON 307 VALLEY ROAD SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/31/89 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 951, Page 185. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 3/1/00 through 12/1/00 (Per Diem $10.81) Attorney's Fees Cumulative Late Charges 8/31/89 to 12/1/00 Cost of Suit and Title Search Subtotal $41,491.30 2,983.56 1,000.00 174.06 550.00 $46,198.92 Escrow Credit 0.00 Deficit 495.69 Subtotal $ 495.69 TOTAL $46,694.61 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 Sherif£s Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 46,694.61, together with interest from 12/1/00 at the rate of $10.81 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUII>,.E Attorney for Plaintiff ! 0124/00 First Horizon Home Loan 4000 HorizOn Way Irving, TX 7~0~ SCOTt A RATI-IFON 307 VALLEY RD. SUMlv~RDALE PA. 17093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSUR This i~ an official notic* tl~t the mortl~ae¢ on your home i~ in default, end the lender intends t~ foreclose. Soedfic/nformat/on about the nature of the default/s vrovi~d iathe attached ~a~cs, Th~ HOI~BOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-I~MAP') rmv be able to helv to ~ve your home. ~ not/c.~ ~xl lalns how the ~ work~. To see if ~ can ~lr. you mint MEET Wl'lI-i A CONSUMY_It. CREDIT COUNSELING AG_ENCY~vi'I1/IN 30 DA, Y$ OF THE DATE OF TI-[IS NOTICE. Take this notice with you when you meet with thc Couns*lin~ A~,encv. The .,,m.% ,,~ and pl~me number of C~umcr Credit C~e~ Ag~ies ~g ~ ~ ~ ~ ~ ~ ~d of ~ N~ce. If you ~ve ~v ~fio~ ~u ~v c~l ~ P~vlv~ H~s~ F~cc A~ m~ ~ at 1-8~42-23~. ~ ~ ~ h~g e~ ~1 ~07) 780-1 ~9). This Not/ce coutain~/mpo~tant legal informaiion. If you have any questions, representatives at the Conaumer Credit Court.ling Agency may he able to help explain it. You may alao want to cont~t an a~tomey in your area. The local bar association may be able to help you find a lawyer, LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUE$ AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OB~A UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO IdENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PRO~RAMA LLAMADO "HOI~/EOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE $ALVAR $U CASA DE LA PERDIDA DEL DER.ECHO A REDlMIR SU HIPOTECA. ,? HIBITA SCOTT A RATHFON 307 VALLEY RD. SUMMERDALE PA. 17093 LOAN ACCT. NO: 0001M09120 FIRST HORIZON HOME LOANS . ORIGn~'AL LENDER: FT. MORTGAOE COMPANY HOWEOWNER'S 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 WITE TH~ PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTAb'CE ACT OF 19~3 (I1'~4~ /4ACT~), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAEG ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOL~R CONTROL, ' "' *I1~ YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAE PAYMENT,~ AND *IF YOU MEET OTI~B ELIGIBILITY REQ~MENTS ESTABLISHED BY THE PENNSYLVANIA ROUSING FINANCE AGENCY. TEMI~ORARY STAY OF FORECLOSURE-Under the A~ you are entitled to a temporary stay of fot~losuro on your murine for thirty (30) isys from the date of ~s Notice. During &at me you must arrange and attend a "face-~.face" menting with one of the con,,mm~.r crod/t couuseilng agencies listed at t~ ~ of ~ Noti~. 'I'H~ MEETING MUST OCCUR WI'I'HL~' THE NEXT (301 DAYS. IF YOU ~ NOT APPLY FOR ~IV'~--2.t3ENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DAT~, ~ P/~RT OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this not/c.~, the lender may NOT take action ag~nst you for ch/ny (30) days after the date of t~tis meeting. The names, addreszes and telephone numbers of desi~onted coo~maer credit counseling z~encies fo~ the cotmW in which the vrener~ is Inea~d are set forth at ~ne end of tiffs Nm/ce. It is only necer, sary to schedule one face-to.face meeting. Advise your londer immedistel¥ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for thc reasonz set fo~h later in this Notice (see following pages for spec/ftc information about the nature of your default). I you have tried and sro unable to resolve this problem with the lender, you have the right to apply for financial assistance flora the Homeowner's Emergency Mortgage A~/stanee Program. To do so, you mint fill out, s/Eh nad file a com~loted a completed Homeowner's Emergency Mot/gage Assis~mce Program Application with one of the designa/ed comumer credit coonsel/n~ agencies listed at the end of this Not/ce. Only comumer credit co~mseling agencies have applications for the pro,un and they will assist you in subl~ilting a complete app Jcatien to the penn.~ylwnla Housing Finance Agency. Your application MUST be filnd o~ l~tmarked w/t.lin Rthly (30) days or'your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW 'IHI~ OTHI~R T]aM~ PERIODS ET FORTH IN .jr-m~ LETTER, FORECLOUSRE MAY ~ROCEED AGAINST YOUR HOME IlVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION- Avaf able funds for emergency mortgage ass/ztance are v~,y llmi~ed: They will be ~ by the Agency urder Ihe eli~ibilily criteria ~lablish~d by the A~c Th~ Permsylv~ia Fin~,lce Agcllcy has sixty (60) days to mak~ a dac/sion after it receive~ your app~Cation. Dur~ that time, no foreclo~'e proceed~,~ will be pursued agains~ you ffyou have met the ~m. requir~n~ set fo~ above. You will be nolifiecl/irectly by the Pcn~ytvania Housin~ Finance Agency of its decision on your appiicaliou. NOTE: I~ YOU ARE CURRENTLY FROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, ~ FOLLOWING PART OF ~ NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMi~T TOCOLLECT THE DEBT. (If you have filed I~ankruptcy you can still apply for Emergency Mortgage Assistance). HQW TO CUR~ YOUR MORTGAGE DEFAUL~/Bri~$ it uo tO date)~ NATURE O1~ THE DEFA U'LT- The MORTGAGE debt held by the above lender on your locaMd aC 307 VALLEY RD SUMMERDALE PA. 17093 IS SERIOUSLY/lq DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for thc following months and the following amounts ar~ now past due: ~ 04/01~0THRU 10/0'/00 - $477.78 LaM Cia_~es = ~ 13528 Other c~s (~piain/it~ize): l~d Ch~k Fcc '- $<Bad ~ck Fcc ~ Fees = 5 ~6.50 ~ 5~e = 5~p~e B~> TOTAL AMOUNTFAS'" DUE: $ 3514.24 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT--You may cure the default wi~ THIRTY (30) day~ of the date of ~ds notice BY PAYNG T~E TOTAL AMOUNT PAST DUE TO l'hiE LENDER, WHICH I~ $3514,2~), PLUS ANY MORTGAGE PAYMBNT~ AND LATE CHARGES WHICH BECOME DUB DURING THE (30) DAY ~ERIOD. Payments mus~ be made cither by cash, cashier's check, ce~ificd check or money onkr made payable a~d sent m: First Ho~iaun Home 4000 Horizon Way Irving, TX 75063 Am: Cashietung You can cure any other default by taking the following action within THIRTY (30) DAYS of thc dam of ~ lei$e~. (Do not use if rwt a~olicable.) EXHIBIT A JIF YOU DO NOT CURR ,rKE DEFAULT-If yon do out cure the default within THIRTY (30) DAYS of the date of dgs Notice, tba fender intends to eze~tse it3 rights to accelerate the murt~ane debt. This means that the enlire ouiaiauding balance of this debt will be considered duc immediately and you may lose fha chance to pay fl~ mortgage in monthly i~tallm~. If full payment of tl~ total amount p~t due iz not made within THIRTY (30) DAYS, the lander also intends to instruct i~ attora~ys to start legal action to gor~lme mmn your mor~ la~i vrnper~. [~ THE MORTGAGE IS i~ORECLOS~D UPOn-The mortgaged proper~y will b~. ~old by th~ Sl~nffto pay off the mortgage debt. If the londer ~efers your cazc to it's attorneys, but you cure the delin~ency before the lender begi~ le~l proc~lings against you, you will s~l! be r~lui~d to pay the reazonabl¢ attorney's fe~ that were actually incun~d, up to $50.00. However, if legalprocz~-~ are started ag*~m~ you, you will have to pay aA reasonable a~mey's fees actually incurred by the lender even if they exceed $$0.00. Any auomey's ~ will be added ~o tl~ amount you owe the lender, which may abo inchde other rea.~zable ~. I~ you cu~e the d~aul~ wifl~m the THIRTY (30} DAY verind, yon will not be required to ray attorltev'$ fee~. oTm~R LENDER REM~DIXS-The lender may also sue you p~rsonally for the tmpaid principal balance and all other sumz due under the mortgage. RIGHT TO ~ TH~ DEFAULT PRIOR TO SHERLFI~"S SALE-If you have not cured the defauh within the TItlRTY (30) DAY period and foreclosure proceedings have begun, you still have thc r~ht to ~ure thc d~ault and orev~t th~ sale at any tie up to one hour before the Sheriff's Sale: You may do so by pavinu the total amou~ then past due. oluz en¥ late or othe~ chergez then due. reasonable attorney's £ee~ and costs connected with the foreclo~n~ sale and any other costs connected with shexiff's Sale as soecified in wtifina by tho knder and by verformln? an~ other reoulrcment~ under thc monea~c. Curing your default in the manner set forth in this notice w~ restore your mortgage to the same position as ffyou bad never defaulted. ~$I~lr.W.$T FOSSI~LE SHERIFF'S SALE DATE-It ia e.slimated that the earliest date that such a Sheriff's Sale of die motigaged property could be hcld would be approximately months from the date of this Notice. A notice of thc actual date of the Sheriff's Sale will be sent to you before thc sale. Of course, the amount needed to cure the default will increase thc longer you walt. You may fi~ ont at any time ~ctiy what the requ:.red payment o~ at,on will be by cootacting tbe l~der. HOW TO CONTACT THE LENDER: First Horizon Homa Loan 4000 Hm'izon Way In,rig, TX 75063 Aim: Loan Cotmseliag De~c. 1-800-707-9998/Phone 1-21 ~. ~.~. 1-7396/Fax RI, y/~,CT OF SH~/OJ~'F' 5 SALE- You should realize that a Sheriffs Sale w~ end your ownership o£ the rou~agerl y~operty and your right to occupy it. If you continue to live in the propen'y af~xl' the Sheriff's Sale. a lawsuit to remove you and your furnishings and other belongings could be v~rted by thc lender at ASSUMIrlION OF MORtGAGE-You may or m~y not (CHECK ONE) sell or Wansfer your ~ m a ~ ~ ~sf~e who ~li a~e ~e mo~age deb~ proved ~t ~ ~e ou~g pa~, cb~gcs ~d a~m~'s f~s ~d cos~ ~c p~d ~or ~ ~ at ~e s~e ~ ~t ~c o~ ~qu~ of ~e mo~ge ~c ~. EXHIBIT A YOU MAY ~K~.O HAVE *TO .~.r. TH~ PROP~TY TO OBTAIN MONEY TO PAY OFF THEMORTGAE Df/BT OR TO BORROWER MONEY FROM ANOTHER LENDING INS'il'r CFI'iON TO PAY OFF Tills DEBT. *TO HAVE THIS DI~FAULT CURED BY ANY THIRT PARTY ActiNG ON YOUR BEHLF. *TO HAVE 'tl/V2~ORTC~GE RESTORED TO THE SAME POSITOIN AS IF NO DEFAULT I-L4.D OCCURRED, IF YOU CURE ~ DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEI~AULT MORE THAN THREE TIMES 1N ANY CALENDAR YEAR.) *TO ASSERT TH~ NONEXISTENCE OF A DEFAULT IN ANY FORECLOUSRE PROCEEDI2~'G OR ANY OTHNR LAWSUIT ~$ i'i'fcrYED UNDER TH~ MORTGAGE DOC~. *TO A,~ERT ANY OTHHR DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE I,E~DFAC *TO SEEK PROTECTION UNDER THE FEDERAL BANKR~ LAW. Page 5 of $ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. s/00) CLINTON COUNTY COLUMB~ COL~"~TY CRAWFORD COUNTY Lycoming-Clinton Countics Commis/on for Community Action (STEP) 2Z38 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 3224197 CCCS ofNon, heastcrn PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 9224537 FgX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Bar,re, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Foxing) (570)455-4994 Hazettown FAX (570) 455-5631 ---(Call Before Foxing) (570) 836-4090 Tunkiaannock Booker T. Washington Center 1720 Holland Center Erie. PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20u' Street Erie. PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hatrisbhrg, PA 17102 (717) 541-1757 CUMBERL&NDCOUNTY Urban League of Metropolitan Harrisburg N. 6~ S~'cet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of thc Capital Region 1514 Deity Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northesst~m PA 1631 South Atherton St., Suite I00 State Colkge, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 58%9134-9135 Greater Erie Community Action Committee 18 West 9* Street Erie, PA 16501 (814)459-458I FAX (814) 4564161 Shenango Valley Urb~m League, Inc. 601 Indiana Avenue Famell, PA 16121 (412) 981-5310 Financial Counseling Services of Franldin 31 West 3r~ Street Wayn~boro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 e (717) 243-3818 FAX (7I 7) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 2S, JUNE $, 1999 HIBIT A 307 ~ ~OA1) VERIFICATION RICHARD M/NOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are t~-ue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ASSISTANT VICE PRESIDENT IO0~/L'[/IO E6'L£ 00' E6'6 eSTAteS 00'8I 5uTq~so~ '~oese~q squ@~uos e~ oq UOT~Ueqqe STH 5UTqSeSTp e~T~ e~es e~ ~e pue IO0~ ZDILOH NO~HLYr~ oq 5uTpueq Xq 'A~T oq 5uTpxoooe u~oma Ainp 6UTeq ~o gSlZeqS Aqndea 5o ~T~eqS Z~O~ £HOH - ~NI~q~NOD uTq~T~ eq~ '~luemlAsUued'A~uno~ pu~I~eqtunD J-j-!~u!qd .~o:~ Xau.~o:l-IV uetusapael >[ue~tj · XlUO s~soa ~noX jo ~uotuXed uodn 'papua pue panu!luoas!p >i~?tu pu? 'aa!pnfa.~d Inoql!a~ '~a:~a~tu lue:~su! ati~ u! pai!J lu!qduaoa aql mg~pql!~ Xlput. 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