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HomeMy WebLinkAbout01-1545GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 Plane, TX 75024-3632 Plaintiff vs. JOSEPH R. BARRETT AND BARBARA T. BARRETT (Mortgagor(s) and Real Owner(s)) 1654 Holtz Road Enola, PA 17025 Defendant (s) :ACTION OF MORTGAGE lei--~,~C[~,~ Term NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW FORECLOSURE CIVILACTION:MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFOPA~ATION 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 writte~ appearance personally or by attorney and filing in writing with the court yo%%r 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 FJ~V~ A LAWYER OR CA~OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800} 990 9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243 9400 AVI SO LE ~ DEM/~NDADO A UBTED EN L~ CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PEHESENTADAS, ES ABSOLUTAMENTE NECESSA~IO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEEENDHRSE ES NECESSARIO QUE USTED, 0 SU ~OGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER 0BJECCION CONTRA LAS QNEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICXPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFIC~IO, DECIDIR A FAVOR DEL DEM~ANTE y REQUERIRA QUE USTED CUMPLA CON TODAS L~S PROVISIONES DE ESTA DEMANDA. PeR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PNEDA PERDER DINERO, PROPIEDAD U OTROS DEEECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ;~BOGAD0 IMMEDIATAMENTE. SI NO CONOCE A UN ABOG~DO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS) , 215-238 6300. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 8 Irvine Row, carlisle, PA 17013 {717) 243~9400 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., F/K/AAMERICA'S WHOLESALE LENDER, 7105 Corporate Drive, PTX B-35, Plano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are JOSEPH R. BARRETT, 1654 Holtz Road, Enola, PA 17025 and BARBARA T. BARRETT, 1654 Holtz Road, Enola, PA 17025, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On May 31, 1995, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COUNTRYWIDE HOME LOAiqS INC., F/K/A AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1266, Page 41. The mortgage has not been assigned. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 2000, and each month thereafter are due and unpaid, 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 8/ 1/00 through 2/28/01 at 8.750% Per diem interest rate at $11.01 Attorney's Fee at 5% of Principal Balance Late Charges 9/ 1/00- 2/28/01 Monthly late charge amount at $25.16 Costs of suit and Title Search $ 45,933.71 2,323.11 2,296.69 150.96 560.00 Escrow Balance Credit Monthly Escrow amount $163.73 $ 51,264.47 286.02 $ 50,978.45 with the collected The Attorney's Fees set forth above are in conformity Mortgage documents and Pennsylvania law, and, will be 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 based on work actually performed. 8. 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 true 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 time 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 judgment in mortgage foreclosure the sum of $50,978.45, together with interest at the rate of $11.01, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the premises. I GOLDBEC! BY: Josi Attorne~ and sale of the mortgaged ih A. Goldbeck, Jr., Esq. for Plaintiff VERIFICATION I, , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Lenal Descrlntlon: ,ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberinnd and Commonwealth of Penmylvanla, mere particularly bounded and described according to survey plan of Hartman and Associates, Inc., Engineers and Surveyors, dated June 6, 1994. BEGINNUNTG at a point in the northern line of land now or formerly of Lawrence T. Joyce at its intersection with the eastern line of land now or formerly of Note Ann Fraker; thence north 25 degrees 21 minutes 58 seconds east, along said line of Frnker lands 190 feet to a point; thence south 75 degrees 36 minutes 25 seconds east 441.38 feet to a point in the southwest portion of a private road; thence south 13 degrees 05 mlnntes 01 seconds east, a distance of 185 feet to a pipe in the northern line of land now or formerly of Daisy Z. Sampson; thence north 77 degrees 38 minutes 31 seconds west, 424.10 feet to an pin in the eastern line of land now or formerly of Lawrence T. Joyce aforesaid; thence north 78 degrees 38 minutes 03 seconds west, along said Line of Joyce lands 138.92 feet to a point, the place of BEGEqNING. BEENG THE SAME PREMISES which Clinton A~ Oris, Executor of the Last wm and Testament of Warren C. Orris, late, by deed dated September dated September 7, 1994 and recorded in the Recorder of Deeds Office in and for Cuml~erland County, PA in Deed Book 111, Page 726, granted and conveyed unto Joseph R. Barrett, his heirs and assigns. EXHIBIT A Property Address: NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. Count~/wk~ Home Loans, Inc. (hereinafter 'Cmtnt~wide") sewices your home loan. Your home loan is in serious default agencia (Pmmsylvania Housk~ Finance Agency) si, t cargos al numero mencionado arflba. Usted puede ser eMgibfa para un prestamo del progranm Ilamado "Homeow.er's Emergency Mortgage Assistance program' el cual imede salvar su casa de la perdida del derecho a redimir su hipo~ca. ym~ may be eliglble for financial as~;~ance that wE prevent foreclosure on your mmlgage if you comply w~ ~e provisions of Ihe Homeowners' Emergency Mortgage Assistance Act of t983 (the "Act~. you may be elsie fo~ 4373649-5 $1,404.32 AS OF 10/31/2000 P.O. Box 10219 Van Nuys, CA 91410-0219 Ihl.,.ll,h,h,,llll.,Ih,..I,l,.,lll,h.,,.llhl..,Ihl HUD-Approved Counseling Agencies - Pennsylvania If you attend a face-to-face meeting wi~ ~ lender, or with a consumer credit cour~ellng agency ider~fied in,this nolice, no further proceeding in mortge0e f~ecto~re may fake place for thirty (30) days alter the dafa of this i~neefing. The name, add;ess and telephone oumber of our represenfai~,e is: COUNTRYWIDE, ~400 Legacy Dr/Ye, P~no, Texas 72~67, Yelephone Number:. t-~00.659~654, Extension 7566. The names and add;e~ee of designated consumer credit counseling ages~es are shown on fha~ attached sheet. It is only necessary to schedule one faceA~-face meeitng. You should advise Cou~y~da of yo~ inten~ns immediately. If you have t~nd and are unable to resolve this problem at or after your face-to-face mee~ng, you have the ri~ht to apply fo~ financial assistance from the Homeovmers' Emergency Murtgege Assistance Fund. In ordar to do this, yo~ must fill out, sign and file a completed Homeowners' Emeq]ency As~ Application with one of the designated consumer credit counsermg agencies ~ on the atfachmonL An eppr~ahon for assistance may only be obtained from a consumer uredtt cmJnesllng agsocy. The consumer credit ce~g agency w~]l assist you in Ifllillg out your apf~n and v~l submit your complefad ap~ca~on to the Pennsylvania Housing Finance Agency. Your applicaiton must be filed or po~arked v~ Ihir[y (30) days of yolx face-to-face mebl~rlg. Available funds for emergency mor~3age aeeisfa~ce am very limited. They will be disbursed by f~e Agency under the eligibility criteria established by the Act It is exl~eme/y important that you file your app~ca~on promptly. If you do not do so, o~ If you do not fditow the other time periods set todh in this letter, forectceure may proceed against your home immediately. It is extremely important that your appllcaIJon is accurate and cemplefa in every respect. The Pennsyivanis Housing Finance Agency has sixty (60) days to make a decis~ after it receives your appllce~on. During I~at add~onel IJme, no foreclo~ffe pt'oceedings ~ be ~ against you If you have met the time requYemef~fo set ferth above. You will he notified directly by that Agency of its dectsfa~ on your aepllca~on. The Pennsylvania Housing Finance Agency is located at 2101 No~h Front S~eet, Post Office Box 8029, Hantshu~g, Penesy~vanis 17105. Telephone No. 1-717-780-3800 or I~00-342-2397 (tol ~Tee number). Pemons wfth impaired hearing can cell t-800-342-2397. If the mcrtgage is fo*'ecfased, your mortgaged property ~ be sold by the Shel~ff to pay off the mortgage debt. If you cure the defauit before we begin legal proceed'rags ageJnet you, you Mill slill have to pay the reasonable attorney's fees acfaally incur'ed, up to $50.00. However, if legal proceedings are started ags~st you, YO~ ~ have to pay the reesonabfa attumey'$ fees even if they are over $50.00. Any aEorney's fees wil be ad, ed to whatever you owe us, which may also include our reasonable costs. If you cure this default within Ihe foirty-five day pedad, you w~ not he i~quked to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO A~ERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY P, AVE TO ACCELERATION AND FORECLOSURE. CedJfied Mai{ No. October 31,2000 ' Return Receipt Requusfad Regular Mai~ Barbara T Saffelt 1654 HoEz Road Enola, PA f7025~)000 Ceuntn~ide Loan # 4373649 Proparty Address: 1654 Ho~z Road E~ole, PA 17025~000 NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE. Count~de Home Loans, Inc. (hereinafter 'Co~e") services your home loan. You~ home loan is in sehous default because you have not made your required payments. The total amount now required to r~motate you~ loan as of ~e date of Ibis letter is as folows: Monthly Payments: 09/01/"2000 - 10/31/2000 {~ $667.00 $1,334~00 Late Charaes: 09/01/2000 - 10/31/2000 ~ $25.16 $50.32 Other Chames: Uncollected Costs: $20.00 TOTAL DUE: $1,~04.32 You may cure this default with~ THIRTY-FIVE (3S) DAYS of the date of this letter, by pa~ng to us the above amount of $1,404.32, plus any add~onal moothly payments, late charges, fees and other aplflicable charges which may faJJ due during this pe~od. Such payment must be is the form of c. cwtified check, cashier's check or money ordar, and made payable to Coun~ at P.O. Box 10221, Van Nuys, CA 91410-022t. if your che~k o~ ctfler payment is returned to us for i~ufficient funds or for any o~er mason, you w~l not have ¢~'ed your dafault. No ex~f~on of lime to cure wal be granted due to a relumed payment. if you do not (~re ~is default within THIRTY-FIVE (35) DAYS, we ~ acceismte the payments due on yom home loan. This means whatever is ewing on the odglnel amount hoffowed ~ be con~de~ed due immediately and you may lose the chance fa pay off your home loan in monthly installments. If the ~ payment of the amount of default is not made within THIRTY-~IVE (35) DAYS, we also intend to imrne~ately start a lawsuit to fureclese on you~ mo~t_gaged proper~y. YOU MAY SE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. ~he Commonwealth of Pennsylvania's Homeowners Emee~e~cy Mortgage Assistance pnxjram may be able to La r,,~;~=--acion en adjunto es de su~ta Jmportancis, pues ofecta su derecho a conlthuar vfalendo an sa casa. Si no comprende el contenid~ de esta n~,cacinn of~ una traduccion i~nediatamente Ilemando a esta agencia (Pennsylvania Housing Finance Agency) sia ca~g~ el numero mancto~edo arfiba. Usfad ix~de sar elegibia para un preslamo del plogranta Ilen~do 'HomeowneCa Eme~ge~cy Mo~gage Assiatance P~ograre' el cual puede salver sa casa de la panfida del demcho a redirnir sa hipofaca. You may be eagible for financial assistance that will prevent foreclosure on yo~x mod. gage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of t983 (the "Act"). You may be elig~e for emergency temporary assistance il' your default has been caused by olrcun~iances beyond yom control, you have a rea~x~able prospect of resuming you~ murtgage payments, and if you meet other er~fo[~y req~remenfa entab~hed by the Pennsylvania Housing Finance Agency, Please read all of this Notice. if contains an explana~on of your dg~to. Under the Act, you are er~ffed fa a temporury stay of foreclosure on your mo~gage far thkty (30) days from fha date of this Notice. During that lime you must arrange and attend a "face-is-iace' meot~g with a represeniaf~e of Ibis lender, or ~ a dacigeated consumer credit counser,~g agency. 'l~e purpose of this meeting is to attempt fa work o~t a repayment I~an, or to ~ se~e your der~nquency. This meeting must occur in the next ~irty (30) days. 4373649-5 IBREACHPA $1,404.32 AS OF 10/31/2000 P.O. BOX '10219 Van Nuys, CA 91410-0219 II,l..,Ihh,l.,llll,..Ih..hl.,lll,l...lll,l,,.Ihl HUD-Approved Counseling Agencies - Pennsylvania If you atf~.~d a face-to-face meel~g w~th this lender, of with a coreumer credit: counseling agency identified in this nsdce, no for;her ~oceed~g in mortgage forecissure may take place for thirb/(30) days after the date of ~ meeitng. The name, add~ees and telephone number of our repre~-mtafive is: COUNTRYWIDE, 6400 Legacy Dnlve, Ptano, Texas 72667, Telephone Number:. 1-800-669-6654, Extension 75~6. The names and addresses of designated conoumer credit counseling agencies are shovm on the attached dneet. It is only necessary to schedule one face4o-face mee~g. You shnuid advise Coun'cywide of your intentions immediately. If you have thed and are unable to resoJve th:,s ~oblem at or alter ys~ face-to-face meat~, you have the ~ht to apply for finandal assistance from the Homeowners' Emergency Mortgage Ass~fance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency As~,stance Apflliceiton with one of the designated consumer credit counseling agencies liated on lite attochmeut. An appfice0on for aesisfance may only be obtained from a connum~ credit couese~ng agency. The consumer credit counoel~g agency roll aes~t you in filling out your appllceiton and wll submit your completed apfl~ca~on to the Pennsyk'arPa Hnus]eg F*mance Agency. your ap~cafion must be fl~ed or postmarked wflhin they (30) days of your face-to-face meeting. Available Funds for emergency mor~age assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act It is extremely important thM you file your application promp~y, if you rio not rio so, or if you do not foliow the other itme periods set forth in this letter, forecJesu~e may proceed against your home imrsediately. It is exfremely important that your applicaiton is accurate and complete kt every respect, The pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your appllcaiton. Doring that addiitonalitme, no foreclosure prnoeedinge will be puruued against you It you have met the itme requirements set forth above. You will be noi~ted directly by that Agency of its de,sion on your appllce~. The Penes~veuia Housing Fthonce Agency is located at 2101 North Front Neet, pest Ofitce Box 8029, Har~ebu~g, PennoyNanle 17105. Telephone No. 1-717-780-3800 or 1~00,342-2397 (toll free number). Persons wllh impaired hea~ing can call 1-800-342-2397. If the mortgage is fotectosed, yota- mortgaged properly rill be sold by the Shedff to pay off the mortgage debt. If you cure the default before we begin tagel Ixoceedinge against you, ynu will ~ have to pay the reasonable attorney's fees actualy incuxred, up to $50.00. However, It legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if ~ey are over $50.00. Any attorney's fees will be added to whatever you owe us, v/uich may also include ou~ reasonable costs. If you core this default within the iftir¥five day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGNT TO ASSERT IN THE FORECLOSURE pROCEEDiNG TNE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. SHERIFF'S RETURN CASE NO: 2001-01545 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BARRETT JOSEPH R ET AL REGULAR JASON VIORAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BARRETT JOSEPH R DEFENDANT , at 0013:15 HOURS, at 1654 HOLTZ ROAD ENOLA, PA 17025 BARBARA BARRETT a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of March by handing to - MORT PORE the 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 9.30 ,%~ ~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 37.30 03/23/2001 GOLDBECK, MCCAPFERTY, MCKEEVER Sworn and Subscribed to before me this ~ ~ day of ~ ~oof A.D. R~r~thonotary By: f}eputy ~Sherif f SHERIFF'S RETURN - CASE NO: 2001-01545 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BARRETT JOSEPH R ET AL REGULAR JASON VI©RAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BARRETT BARBARA T DEFENDANT , at 0013:15 HOURS, at 1654 HOLTZ ROAD ENOLA, PA 17025 BARBARA BARRETT a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of March by handing to - MORT FORE the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit ,00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 29 -- day of ~ ,~o/ A.D. ~notary ~ So Answers: R. Thomas Kline 03/23/2001 GOLDBECK, MCCAFFERTY, By: MCKEEVER Deputy SHeriff GOLDBECK, McCAFFERTY & McKEEVER Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 BY: MICHAEL T. MCKEEVER, ESQUIRE Attorney I.D. #56129 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC., F/K/A AMERICA'S WHOLESALE LENDER 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 vs. JOSEPH R. BARRETT, BARBAHA T. BARRETT, AND 1654 HOLTZ ROAD (Mortgagor (s)) (Record Owner(s)) 1654 Holtz Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAiqD COUNTY Term No. 01-1545 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. JR., ESQUIRE