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Home My WebLink About04-2974GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER. 701 M~RKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M & T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. JULIA FOLEY Mortgagor(s) and Real Owner(s) 1970 Enola Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. CIVIL ACTION: MORTGAGE t:ORECLO$UIItE THIS F/RM 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 iwen~y (20) days after the Complaint al~d notice am served, by entering a written appearance personally or by aitomey and tiling 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 thc 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 tbr any other claim or relief requested by the Plaintifl~ You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAI MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC COMPLAINT IN MORTGAGE FORECLOSURE Plaintiffis M & T MORTGAGE CORPORATION, PO Box 840, Buffalo, NY 14240-0840. The name(s) and address(es) of the Defendant(s) is/are JULIA FOLEY, 1970 Enola Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. On June 12, 2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to M & T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1718 Page 717. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payment of principal and interest upon said mortgage due January 22, 2004, and each month thereafter are due and unpa/d, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 12/22/2003 through 06/30/2004 at 5.8750% Per Diem interest rate at $36.26 Attorney's Fee at 5.0% of Principal Balance Late Charges from 01/22/2004 to 06/30/2004 Monthly late charge amount at $42.52 Costs of suit and Title Search Corporate Advance Escrow Monthly Escrow amount $70.63 $225,322.63 $6,961.91 $11,266.13 $315.99 $900.00 $244,766.66 +$100.00 +$204.07 $245,070.73 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 put'chaser at Sherifffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required t/me and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff; the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure in the sum of $245,070.73, together with interest at the rate of $36.26, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATI'ORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, Assistant Vice President, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. rote:7 Diana M. ~ool~inson, Assistant Vice President M&T MORTGAGE COMPANY Reeo~ of l~q~g~s Office in and for Cumberland County, P~u~ylvan~ ~n Plan l~ok 49. Psge 93, ~..VING 12~REON' et~/~l a dwcflJng lmus~ ~ fiu~n style outb~ldin~ more commo~dy known ns 1970 Enola Road. C~Io, Pennsylvania. I Certify this to be recorded In Cmnberland County PA Julia Foley 1970 Enola Rd Carlisle PA 17013 RE~ Homeowner's Name(s): Julia Foley I,OMEOWNER ' S EMERGENCY MORTGAGE A~StSTA NA/qCIAL ASSIST YOU MAY BE ELIGIBLE FOR FI ANCE ~ WHICH C~ SAVE YOU~ HOME F~OM FORECLOSURE ~D ~~ HELP YOG MAKE FUTURE MORTGAGE PAYM~TS THE PE~SYLV~IA HOUSING FIN~'CE AGENCY. TEMPO~RY STAY OF FORECLOSU~ ~- Under the Ac~, you are ensitled to a temporary stay of foreclosure oi~ your mortgage fo~ thirty ~30) days fo~ the date of thiu Notice. During this time you must arrange 5~7ST OCCUR WITHIN THE NEXT (3D) DAYS. IF YOU DO NOT AP~LY FOR consumer credit counseling agenlces listed at the end cf this notice, you haYe th~ risht to ~.pply for financial assistance f~om the Homeowner's Emerg~nc~ Mortgage Assimsance Pro,ram. To do so, you must fill out, szgn and file a completed Homeowner'~ Emergency Assistance Pro,ram Application with one of ~he desJsnated consumer credit counselin~ agencies, listed aC the end of thisaNctice't ons Only consumer credit ccunselin~ agencies have applic J . for the program and they will assist you in ~ubmittin~ a complete application ts the Pennsylvania Housing Finance A~ency. Your application MUST be fi]ed or postmarked within ~hzrty <3Q) days of your face-~o~face meeting. YO~ MUST FILE YOU~ APPSICATION POMPTLY. IF YOU FA~L TO DO SO OR IF YOU DO NOT FOLLOW ~k_'E OTHER TIME PERIODS SET FORTH 2N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AArD YOUR APPLICATION FOE MORT~ACE ASEISTANCE WILL BE DEN~RD. AGENCY ACTION -- Available funds for emergency mortgage a~slstance are very ]]m4ted. They will be disbursed by the Agency under the eligibility criteria established by the Act. The P~nnsy]vania HOW TO CURE YOUR MORTGAGE DEFAULT (B[i~9 it up to ds. Se) . NATURE 0P THE DEFAULT The MORTGAGE debE held by the ~bove lender o~ your property located at: 1970 Enola Road Carlisle PA ]7013 ~s SERIOUSLY IN DEFAULT because: YOU ~AVE NOT NAPE BI-WEEKLY MORTGAGE PAX'M~NTS for the ~sllowing months and the following amounts are now past due: Regular bi.weekly paymei~ts of $ 850.41 for the months of 01-22-04 through today's date. Other charges: Accrued late char'ges:$ 140.44 Accrued other ~ees; $ 15.00 TOTAL AMOUNT PART DUE: $ 4407.49 CL 957 HOW TO CURE TEE DEFAULT -- You may cure the default w~thin THIRTY ~30) DAYS of the date of this notice BY PAYING T~E TOT;~ A~4OUNT PAST DUE TO THE LENDER, WHICH IS $ 4407.49, PLUS AT<Y MORTGAGE PAYMENTS AND I,%TE C}{ARGES WHICH BECOME DUE DU~ING THR THIRTY (30) DAY PERIOD. Payments must be made by cash. cashier's check, certified check or money order made payable and sent to: M&T Hortgage Corporation One ~'ounta~n Plaza/ 7th Floor Attn: Pa~e~t Procee~in~ Buffslo, ArM 14203 You cell cure any other default by taking the following acti~] within THIRTY (30) Days of the date o~ this lerner: IF YOU DO NOT CURM THE DEFAULT - If you do ue~ cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exe~'cis~ /,ts rights to accelerate the mortgage debt. considered due immediately and you may lose the chance to pay [he mortgage in monthly installments. If full payment of ~he ~otal amou~]t past due is not made w4thin TRiRTY (30} DAYS, tfe lender also intends to i~]struct its attorneys to ~tart legal action ~o foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED T~PON -- The mortgaged property will be sold by the Sheriff tm pay off the mortgage debt. If the lender l'efers yo~r case to its attor~eys, b~t yo~ CUre the d~linquency before uh~ ]~ld~r b~gins legal proceedS]IRs ~gainst you, you will still be required to pay the reasonable attorney's fees that were actuat]y lncHrred, up to $50,00. ~owever, if legal proceedings are started against you, you wJ~ have to p~y al/ reasonable a=torney's fees aeuually incurred by the le~Jer even if they exceed $50.00. A~y attorney's fees will be addad to the amo~,lrlt you owe the lender, which may also include other reasonable costs. If you cure /he defaul~ within the THIRTY (30) ~AY ~eriod, yo~: will not be required to pay attorney's fees. ~ARLIEST POSSIBLE BHRRIFF'$ SALE DATE -~ It is estimated that the ~arlJest date That such a Sheriff's Sale of the mortgaged property could be held would b~ approximately l0 months from th~? fate of this Notice. A notice of the actuai date of the Sheriff s Sale will be sent to you be(ore the sale~ Of course, the needed to cure the default will incrma~e the longer you wait. You may find out at any ~ime exactly what The required pay, ent or a~tion ~ill be co~]tactin~ the lender, HOW TO CONTACT THE BENLER; M&T Mortgage Corporation P.O. Box 840 Buffalo, NY 14240 800 794-1633 EFFECT OF SHERIFF'E SAbE -- ¥o~ should realize ~hat a Shciff's Sale will end your ownership of tb~ ~ortga~ed property and your right to occupy is, If yoll continue to livc in the property after th~ Sheriff's Sale, a lawsuit to remove you and your ~urnishings and other belongings could be started by the lender at any time. AESU~PTION OF MORTGAGE -- YOU may or YX may not ~ell or transfer your home to a-b~yer or Transferee Thc wi31 assume the mortgage debt, provided that all the outsta;odin~ payments, charges and atto~'ney'$ fe~s and co,ts are paid prior to or at the sale arid that the other reql~irements of the mortgage ar~ satisfied. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW ~ONEY FROM ANOTHER LENDING iNSTiTUTION TO PAY OFF TIIIS DEBT. * TO HAVE THIS DEfaULT CURED BY ANY ~IRD PARTY ACTING ON YOUR TO HAVE T~E MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT PiAD OCCURED, IF YOU CURE THE DEFAUbT. (MOWEVER, YOU DO NOT ~AVE %~%S RIGHT TO CUPE YOUR DEFAULT MORE T~N THREE TIMES IN ANy CALENDAR YF~IR.) 'i'O ASEERT THE NONq~×ISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWS~IT INS'i'ITUTED UNDER THE MORTGAGE DOCUM524TS. TO A$SHR/' B/qY OTHER DEFENSF YOU BELIEVE YOU MAY 3~AVE TO SUCH ACTION BY THE LEanDER. * TO SEEK PROTECTION UNDER THE FEDERAL Sincerely, Kevin Kernitz Eric: 41 Date: March 24, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an otticial notice that the mortgage on voor home is in defaufi, a_~_~ the lender intends to foreclose. Specific information about the nature of the default i~ provided tile al(ached paces. The HOMEOWNER'S MORTGAGE ASSIST~CE PROGR~ (HEI~IAP~ ~ay.be To see if HEMAP can hel~, you must MEET WITH A CONSIJ~ ~DIT COUNSELhNG AGENCY WI~IIN 30 DAYS OF THE DATE OF THIS NOTICE. T~e this Notice with you when you meet wffh the Counseling The name, address and I~one ~umber of Co~sumer Credff Coanselh~g Agencie~ servin~ Your County are lls/e~ at the cu~l of ibis Not ce. If vo~ have an~ ~ you itlav call the Pcm~svlvania Housing ~nance Agency toll free at ]-8~342,-2397.(Persons with ~moaired flearin~ can call ~717) 780-1869). This Notice contains impo~ant legal informa~tol~. If you have a~w q uesti~n~, representatives at the Consumer Cred~l Counseling Agency may be able (o he~p explain it, Yo~t may also wan~ to contact an attor~gb in your area. The I~a] bar association may be able ~o help you lind a lawyer. LA NOTI VICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, Pg}ES AFECTA SU I)E~CHO A CONTINUAR VIVIENDO EN SU CASA. S! NO COMP~F. EL CO~ENIDO DE ESTA NOTIFICACION OBTE~GA I.)NA T~UCCION INMEDITAME~E LL~DO ESTA AGENCIA (PENNS~VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PA~ g~N P~STAMO POR EL PROG~MA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAI. PUEDE SALVAR SU CASA DE LA PE~II)A DEL I)E~CHO A REDIMIR SU H (717} 334-1518 CCCS of Wes[em PA (717 541-1757 (717) ;~32-9757 ~717~ 2,32-2207 (717} 762-3255 (717) 234.5925 CUMBERLAND COUNTY HEMAp Counseling Agency List as of 4128/2C1(.~3 SHERIFF'S RETURN - CASE NO: 2004-02974 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T MORTGAGE CORPORATION VS FOLELY JULIA REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE FOLEY JULIA DEFENDAiqT at 1943:00 HOURS, at 1970 ENOLA ROAD CARLISLE, PA 17013 JULIA FOLEY a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of July , 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 4.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline ,00 32.44 07/19/2004 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before me this ~/~,~ day of .. -J~ ~-0 W A.D. By: GOLDBECK IqCCAFFERTY*& ~4cKEEVER BY: 3oseph A. Goldbeck, 3r. Attorney I.D. #16132 Suite 5000 - Mellon ]!ndependence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M & T MORTGAGE CORPORA'FJON PO Box 840 Buffalo, NY 14240-0840 3ULIA FOLEY (Mortgagor(s) and Record owner(s)) 1970 Enola Road Carlisle, PA 17013 Plaintiff IN lltE COURT OF COMMON PLEAS of Cumberland County No. 04-2974 Civil PRAECIPE TO DISCONTINUE A~) ~m~ TO THE PROTHONOTARY: Kindly mark the above case lscontlnued and Ended upon payment of your costs only. JOSEPH A. GOLDBECK, JR., ESQUIRE