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Home My WebLink About01-3336FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW JOAN A. GUSH AND CARL R. BOYD ACTION OF MORTGAGE FORECLOSURE Defendants THIS FIRM 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 twenty (20) days after the 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 claim in the Complaint of 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 POPER 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LiBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AV[SO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUiR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSiBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. JOAN A. GUSH AND CARL R. BOYD Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWiNG NOTICE IS BEING PROVIDED 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 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 tmdersigned attorney in writing with 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 Plaimiff 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 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.//15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. JOAN A. GUSH AND CARL R. BOYD Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a corporation originated under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, acting through its servicing agent, Homeside Lending, Inc., with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. Defendant, JOAN A. GUSH, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. Defendant, CARL R. BOYD, is an adult individual, whose last known address is 156 CREEKSIDE DRIVE, ENOLA, PENNSYLVANIA 17025. On or about, July 8, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $160,700.00, payable to BANK UNITED OF TEXAS, FSB, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1149, Page 104 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANCBOSTON MORTGAGE CORPORATION and recorded in the aforesaid County in Mortgage Book 480, Page 090 on January 18, 1995. The Mortgage was subsequently assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 156 CREEKS1DE DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February 1, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $55,399.45 Interest at $11.57 per day From 01/01/2001 To 06/01/2001 ( based on contract rate of 7.625%) $1,747.07 Accumulated Late Charges $85.92 Late Charges $21.48 From 02/01/2001 to 06/0112001 $85.92 Escrow Credit $651.25 Attorney's Fee at 5% of Principal Balance TOTAL $2,769.97 $59,437.08 **Together with interest at the per diem rate noted above after June 01, 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 purchaser at SheriWs 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed 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. 11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.625% ($13.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sherpf~s~ale)sad for foreclosure and sale of the property within described. ~.~/f. Attorney for Plaintiff I.D. # 15700 1719 N. Front Street HanSsburg, PA 17102 (717-234-4178) H$106027 (1696x2800x2 tiff) [3] NOTE Hs106027 (1696~280~x2 tiff) [4] Hs106027 (169~x280~x2 tiff) [6] COMPANY NAME: VERIFICATION I veri£y that the statements made in the £oregoing Complaint are true and correct. I understand that £alse statements herein are made subject to the penalties o£ l 8 Pa. C.S. Section 4904 relating to unswom £alsification to authorities. Dated ~c 31, 2001 By Title Leanne Galvin,Vice President SHERIFF'S RETURN - CASE NO: 2001-03336 P COMMONWEALTH OF PENNSYLVA~IA: COUNTY OF CUMBERI2kND FEDER3~L NATIONAL MORTGAGE VS GUSH JOVAN A ET AL REGULAR RICHARD E. SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE GUSH JOAN A DEFEND~NT , at 1549:00 HOURS, at 156 CREEKSIDE DR ENOLA, PA 17025 JOAN GUSH a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 4th day of June by handing to to law, the , 2001 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this ,2~~ day of ~ ~/ A.D. 'P~othonotary So Answers: R. Thomas Kline 06/07/2001 PURCELL KR~ By: , ~ D~eputy~ Sheriff SHERIFF'S RETURN - CASE NO: 2001-03336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS GUSH JOAi~ A ET AL REGUIJtR RICHARD E. SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BOYD CARL A DEFENDANT , at 1549:00 HOURS, at 156 CREEKSIDE DR ENOLA, PA 17025 CARL BOYD a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 4th day of June the , 2001 by handing to - MORT FORE together with and at the same time directing His 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 2~ ~ day of [/j~ ~/ A.D. ~thonotary So Answers: R. Thomas Kline 06/07/2001 PURCELLBy: KRUG~ DepUty Sheriff FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. JOAN A. GUSH AND CARL R. BOYD, DEFENDANTS IN THE COURT OF COMMON PLEAS : CUMBERI.d~2qD COUNTY, PEN~ISYLVANIA NO. 2001-3336-CIVIL CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RA E C I P E Kindly Settle and Discontinue the above matter of record. PURCELL~ By: Le/eon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: Auqust 2, 2001