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HomeMy WebLinkAbout01-0288ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN E. JUMPER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0/- : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE 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 this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar trna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar trna orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1MMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL D1NERO SUF1CIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DON"DE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -o (717) 240-6200 ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN E. JUMPER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CWIL ACTION o LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 1 $ 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 mount 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 within 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN E. JUMPER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. :P/' 5'£ CIVIL ACTION - LAW MORTGAGE FORECLOSU2~E COMPLAINT 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices at 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931. 2. Defendant, OLEN E. JUMPER, is an adult individual whose last known residence is 230 WEST DAUPHIN STREET, ENOLA, PA 17025-2209. 3. On or about March 6, 1998, Defendant executed and delivered a Loan Agreement in the sum of $45,038.00 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY, 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book Y20, page 737, conveying to the original Mortgagee the subject premises. Said Mortgage is attached hereto and marked Exhibit "A". 5. The land subject to the Mortgage is: 230 WEST DAUPHIN STREET, ENOLA, PA 17025-2209, and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 15, 2000 and all subsequent installments thereon, and the following mounts are due on the Mortgage: (a) Unpaid principal balance $ 45,038.77 (b) Interest at $12.33 per day from 5/15/00 to 1/15/01 (based on contract rate of 9.99%) 3,020.85 (c) 15% Attorney's commission 6,755.82 TOTAL $ 54,815.44' *Together with interest at the per diem rate noted in (b) above after January 15, 2001, and other charges and costs to date of Sherift's Sale. The attorney's fees set forth above are in conformity with the Mortgage docun~ents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's 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 Judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendant is not a member of the Atoned Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.99% ($12,33 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. By ~e~on p. ~(~f Attorney for Plaintiff I. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 ~lql ~ MORTGAGE OLEN E, JUMPER and ROMAINE M. JUMFER (DECE&SED~ ol EAST PENNS~ORO ALL T}~T CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Penn- sylv~nia, bounded and described as follows~ to wit: REGI~/NIN6 at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being two hundred twenty-nine and three hundred eighty-nine one-t~ousands (229.38!7) feet east of the southeast corner of Brick Church Road and Dauphin Stnget; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred fiye one-thousandths (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-siX (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing propertieu known as No. 230 and.No. 232 Dauphin Street and be- yond one hundred seventeen and five hundred five one-thousandths (117.505) feet to a point, at the place of BEGInnING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania.. Re: Associates vs. J%rMPER Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) .Received from: Purcell, Krug &Haller 1719 North Front Str'eet Harrisburg, PA 17102 piece of ordinary mail addressed to: Postage: Postmark: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be /~ble to help save your home. This Notice explains how the ~rogra/nworks. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA DNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. To: October 9, 2000 Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 Re: Loan No. 013703360208597 Property: 230 W. Dauphin Street, Enola, PA 17025 CURRENT LENDER/SERVICER: Associates Financial Services Co., Inc., 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931 HOMEOWNERS 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 WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ! IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL ! IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND ! IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE X Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY X If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE/ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with ~he lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT X The MORTGAGE debt held by the above creditor on your property located at: 230 w. Dauphin Street, Enola, PA 17025 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments (5 @ $533.65) Payment due during cure period $2,668.25 533.65 Total amount due $3,201.90 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT X You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Building 4, Suite Coppell, Texas 75019-3931 100 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT ~a~ ygu do not cure the default within THIRTY (30) DAYS of the ot this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this aebt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON X The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, 5ut you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may-also include other reasonable costs. If you cure the default within the THIRTY (30) ~DAY period, you will not De required to pay attorney's Zees. OTHER LENDER REMEDIES X The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE X If you have ~ot cured the default within the THIRTY (30) DAY period and ?foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour Detore the Sherltt's Sale. You may do so by paying the total amount plus any late or other charges then due, reasonable attorney's Zees and costs connected with the toreclosure sale and any other costs connected with the SherlIt's Sale and Dy pertormmng any other requirements under the mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DATE X It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property c~ul~ be held would be approximately FOUR months from the date ot this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., 1111 Northpoint Drive, Building 4, Coppell, Texas 75019-3931 (800)438-0263 Inc. Suite 100 EFFECT OF SHERIFF'S SALE X You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you an~ your furnishings and other belongings could be started by the lender at any time. OTHER RIGHTS THAT YOU HAVE X You have additional rights to help protect your interest in the property: YOU MAY ALSO HAVE THE RIGHT: ! TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM kNOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ! TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ! TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO ~NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ! TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, ~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ~;ACTION BY THE LENDER. ! TO SEEK PROTECTION UNDER THE FEDER3~L BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) CUMBERLAND COUNTY CCCS of Western PA, Inc. 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. Hbg .North 6th Street Harrisburg, PA 17101 (717)234-5925 FAX#(717)234-9459 Community Act. Commision of the Capital ~514 Derry Street '~'Harrisburg, PA 17104 (717)232-9757 FAX#(717)234-2227 Region Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717)762-3285 YMCA of Carlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717)731-9589 COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: SHERIFF'S RETURN CASE NO: 2001-00288 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND ASSOCIATES CONSL~ER DISCOUNT C VS JUMPER OLEN E R. Thomas Kline duly sworn according to law, says, that inquiry for the within named defendant, JUMPER OLEN E unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE ,Sheriff or Deputy Sheriff, who being search and the within named DEFENDANT he made a diligent DEFENDANT He therefore returns , JUMPER OLEN E PER SEE ATTACHED, 14 ATTEMPTS MADE, EXPIRED. DEFENDANT STILL RESIDES AT ADDRESS STATED AS but was the Sheriff's Costs: Docketing 18.00 Service 39.68 Not Found Return 5.00 Surcharge 10.00 .00 72.68 NOT FOUND , as to Sheriff of Cumberland County PURCELL, KRUG & HALLER 02/20/2001 Sworn and subscribed to before me this 2~. ~ day of ~ ~Z~,~/ A.D. Pro~h~not ary ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS, OLEN E. JUMPER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE 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 this complaint and notice have been served. To defend against the aforementioned claims, a ~vritten appearance stating your defenses and o~[ctions must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA Le ran demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar trna apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUEICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGURR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 I"IiIUI[ OOP¥ FiI~'O1~ REOOI~I~ ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN E. JUMPER Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVDED 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 within 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 fi~om 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ASSOCIATES CONSUMER DISCOUNT COMPANY Plaintiff VS. OLEN E. JUMPER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ASSOCIATES CONSUMER DISCOUNT COMPANY, is a Corporation with offices at.fl 11 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931. 2. Defendant, OLEN E. JUMPER, is an adult individual whose last known residence is 230 WEST DAUPHIN STREET, ENOLA, PA 17025-2209. 3. On or about March 6, 1998, Defendant executed and delivered a Loan Agreement in the sum of $45,038.00 payable to ASSOCIATES CONSUMER DISCOUNT COMPANY. 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment of the same, Defendant made, executed and delivered to the original Mortgagee, a certain real estate Mortgage which is recorded in the within Commonwealth and County in the Office of the Recorder of Deeds in Mortgage Book Y20, page 737, conveying to the original Mortgagee the subject premises. Said Mortgage is attached hereto and marked Exhibit "A". 5. The land subject to the Mortgage is: 230 WEST DAUPHIN STREET, ENOLA, PA 17025-2209, and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May 15, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 45,038.77 (b) Interest at $12.33 per day from 5/15/00 to 1/15/01 (based on contract rate of 9.99%) 3,020.85 (c) 15% Attorney's commission 6,755.82 ~' TOTAL $ 54,815.44' *Together with interest at the per diem rate noted in (b) above after January 15, 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 purchase~- 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 Judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendant is not a member of the Armed Forces of the United States of America, nor engaged m any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.99% ($12.33 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. PURCELL, KRUG 8k ~jI,L.F~ ~ -"Leon P. Hailer ~ Attorney for Plaintiff I. D. #15700 1719 N. Front St. Harrisburg, Pa. 17102 (717) 234-4178 ¥/{~l ~' MORTGAGE OLEN £, JUMPER ~nd ROMAIN~ M, JUMPER (DgCgASED) ~AST PENNSBORO ', ,>\,,~-..' ""...'3 ,' I eardsbu g Dauph.~ county 2(101 [ CERTIFICATE OF RES~DE~E 775 ALL T}~T CEHTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Penn- sylwnia, bounded and described as follows, to wit~ 8ECINNINO at a point in the southern line of Dauphin Street at or opposite the center cf the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being two h~mdred twenty-nine and three hundred eighty-nine one-thousands (229.]8!~) feet east of the southeast corner of Brick Church ~oad and Dauphin Stnset; thence along the southern line of Dauphin Street, North 79 degrees 40 mint~tes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred fi~e one-thousHndths (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 de~rees 20 minutes West through the center of the partition wall dividing propertteg known as No. 230 and.No. 232 Dauphin Street and be- yond one hundred seventeen and five hundred five one-thousandths (117.~05) f~et to a point, at the.place of BEGInnING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, PennsYlvania.. Re: Associates vs. JUMPER Act 6/91 Notice U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3817) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 ~gne piece of ordinary mail addressed to: Postage: Postmark: Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be ~ble to help save your home. This Notice explains how the program works. . To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consu~ner Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency tell free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Cons%uner Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE L~ PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. To: October 9, 2000 Olen Jumper 230 W. Dauphin Street Enola, PA 17025-2209 Re: Loan No. 013703360208597 Property: 230 W. Dauphin Street, Enola, PA 17025 CURRENT LENDER/SERVICER: ~Associates Financial Services Co., Inc., 1111 Northpoint Drive, Building 4, Suite 100, Coppell, Texas 75019-3931 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE W~ICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MA/{E FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ! IF YOUR DEFAULT [{AS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL [ IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND ! IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE X Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY X If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE,~ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with ~he lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies lis~ed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked with'in thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMI~EDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT X The MORTGAGE debt held by the above creditor on your property located at: 230 W. Dauphin Street, Enola, PA 17025 IS IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The ~following amounts are now past due: Delinquent payments (5 @ $533.65) Payment due dur~ing cure period $2,668.25 533.65 Total amount due $3,201.90 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT X You may cure the default within THIRTY (30) ~DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Associates Financial Serives Co., Inc. 1111 Northpoint Drive, Building 4, Suite 100 Coppell, Texas 75019-3931 YOU can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT If ygu do not cure the default within THIRTY (30) DAYS of the ~ate ot this Notice, the creditor intends to exercise its rights to accelerate the_mortgage debt. This means that the entire outstanding balance o£ this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. I~ full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON X The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender re~ers your case to its attorneys, 5ut you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) ~DAY period, you will not be required to pay attorney's tees. OTHER LENDER REMEDIES X The lender may also sue you personally for the unpaid principal.balance and all other sums ~ue under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE X If you have ~ot cured the default within the THIRTY (30) DAY period and ~foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour De,ore the Sherl£~'s Sale, You may do so by paying the total amount plus any late or other charges then due, reasonable attorney's Zees and costs connected w~tM the ~oreclosure sale and any otMer costs connected w~th t~e S~erz~£'s Sale and Dy pertormlng any ot~er requIrements under the mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DATE X It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actua-1---~ate of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Associates Financial Services Co., 1111 Northpoint Drive, Building 4, Coppell, Texas 75019-3931 (800)438-0263 Inc. Suite 100 EFFECT OF SHERIFF'S SALE X You should realize that a Sheriff's Sale will end your ownership of the mortqaged property and your right to occupy it. If you continue to Iive in t~e property after the Shermff's Sale, a lawsuit to remove you an~ your furnishings and other belongings could be started by tSe lender at any time. OTHER RIGHTS THAT YOU HAVE X You have additional rights to help protect your interest in the property: YOU MAY ALSO HAVE THE RIGHT: ! TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ~ TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ! TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO ,NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TFLAN THREE TIMES IN ANY CALENDAR YEAR.) I TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE ~ROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, ~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ~ACTION BY THE LENDER. ! TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUi~TY (SEE ATTACHED) CUMBERLAND COUNTY CCCS of Western PA, Inc. 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Urban Leg. of Metro. ,~North 6th Street Harrisburg, PA 17101 (717)234-5925 FAX#(717)234-9459 Hbg Community Act. Commision of the Capital Region J1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX~(717)234-2227 Financial Counseling Services of Franklin 31 W. 3rd Street Waynesboro, PA 17268 (717)762-3285 YMCA of Carlise 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX#(717)731-9589 COMPANY NAME: ASSOCIATES CONSUMER DISCOUNT COMPANY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. ..~Q understand that false statements herein are made subject to the penalties of l 8 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: ASSOCIATES CONSUMER DISCOUNT COMPANY PLAINTIFF VS. OLEN E. JUMPER DEFENDANT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-288 CIVIL CiVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TO THEPROTHONOTARY: PRAECIPE Kindly Settle and Discontinue the above matter of record. By: Leon P. Hailer Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 21, 2001