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Home My WebLink About11-4936FILED-OFFICE CF THE PROTHONOTARY 2011 JUN 14 AM 10: 59 CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank 8100 Nations Way Jacksonville, Florida 32256 v. Mark S. McCollum 716 2nd Street New Cumberland, Pennsylvania 17070 and Nancy D. McCollum 716 2nd Street New Cumberland, Pennsylvania 17070 Cumberland County Court of Common Pleas Number I (- 4 q SU & CIVIL ACTION/MORTGAGE FORECLOSURE s a ?K 1141 (669 tz? 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 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, 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 THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SIUSTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Everbank, duly organized and doing business at the above-captioned address. 2. The Defendant is Mark S. McCollum, who is the mortgagor and real owner ofthe mortgaged property hereinafter described, and his/her last-known address is 716 2nd Street, New Cumberland, Pennsylvania 17070. 3. The Defendant is Nancy D. McCollum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 716 2nd Street, New Cumberland, Pennsylvania 17070. 4. On September 26, 2005, Mark S. McCollum and Nancy D. McCollum made, executed and delivered a mortgage upon the premises hereinafter described to Broadview Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1925, Page 2133. 5. On October 4, 2005, the aforesaid mortgage was thereafter assigned by Broadview Mortgage Company to Regions Bank d/b/a Regions Mortgage, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 721, Page 1769. 6. On March 9, 2009, the aforesaid mortgage was thereafter assigned by Regions Bank d/b/a Regions Mortgage to EverBank, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument No. 200906689. 7. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 716 2nd Street, New Cumberland, Pennsylvania 17070. 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2011 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. .- 9. The following amounts are due on the mortgage: Principal Balance $ 131,847.02 Interest through May 26, 2011 $ 3,835.59 (Plus $21.67 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 136.32 Corporate Advance $ 40.00 Escrow Advance $ 870.59 GRAND TOTAL $ 137,979.52 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $13 7,979.52, together with interest at the rate of $21.67 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: _ Andrew L. Markowitz, Esquire Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Andrew L. Markowitz, Esquire Attorney for Plaintiff Everbank v. Mark S. McCollum and Nancy D. McCollum TITLE SEARCH REPORT Legal Description ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, known as Lots Nos. 8 and 9 in Block "E" on Plan No. 2 of Rosemont, recoded in the Recorder's Office in and for Cumberland County in Plan Book No. 1 at Page 96, more particularly bounded and described as follows, to wit: BEGINNING on the South side of Second Street at a point seventy-five (75) feet distant from the Southeast corner of Second Street and Woodland Avenue, thence in an Easterly direction along Second Street fifty (50) feet to the line dividing Lots Nos. 8 and 7; thence Southwardly along said dividing line one hundred forty (140) feet to James Avenue; thence Westwardly along said James Avenue fifty (50) feet to the dividing line between Lots Nos. 9 and 10; thence Nouhwardly along said dividing line one hundred forty (140) feet to Second Street, the place of BEGINNING. HAVING THEREON ERECTED a two-story frame and stucco dwelling house known and numbered as 716 Second Street, New Cumberland, Pennsylvania. Being the same property acquired by Mark S. McCollum and Nancy D. McCollum, by Deed recorded 09/23/1998, of record in Deed Book 185, Page 855, in the Office of the Recorder of Cumberland County, Pennsylvania. Taxes Parcel No.: 25-25-0006-414 Assessment: $148,200.00 Payment of all taxes, charges or assessments levied and assessed against the subject premises, which are due and payable. NOTE: please contact the necessary taxing authorities to obtain tax certifications for the status of current and prior taxes. If this is a sale, also contact the necessary authorities for water, sewer and municipal lien letters (as well as any other certificates, permits, etc. as required by the locality/municipality) to ascertain any amounts due/payable prior to closing. Additional Taxes Page: 2 of 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff RririGr C") r?a ?., Jody S Smith Chief Deputy' -0? T G_ ?x-.- i Richard W Stewart rri X:37) r- C= ;z r- te - Solicitor : o ? Cn .tom .,: EverBank Casw-Nu er - vs. 20fi f 4 Mark S. McCollum (et al.) - SHERIFF'S RETURN OF SERVICE 06/16/2011 04:55 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2011 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark S. McCollum, by making known unto Nancy McCollum, Wife of Defendant at 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTH INGT DEPUTY 06/16/2011 04:55 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2011 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy D. McCollum, by making known unto herself personally, a 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $61.00 June 17, 2011 GERALD WORTHINGTO EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c; Goon*ySuit0 ShenfP_ releQs)'t Inc. David D. (Buel P'rotfionotary Office of the Prothonotary Cum5er[anef County, Pennsylvania 2 rkS. Sofionage, E S'Q Solicitor fi'1 7 alp CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Carrisfe, TA ® (Phone 717 240-6195 0 'Fax 717 240-6573