HomeMy WebLinkAbout12-19280
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Shawn M. Stottlemyer, Esquire, I.D. No. 312794
Stephanie E. Chertok, Esquire, I.D. No. 52651
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
717-249-1177
717-249-4514
C_ J Ci E `..,
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DAVID L. VARNER
Plaintiff
V.
JESSE D. GODFREY and NICOLE M.
GODFREY
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.?? ' lVe
CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE TO DEFEND AND CLAIM RIGHTS
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THE OFFICE BELOW 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 St.
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
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Shawn M. Stottlemyer, Esquire, I.D. No. 312794
Stephanie E. Chertok, Esquire, I.D. No. 52651
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West Louther Street
Carlisle, PA 17013
717-249-1177
717-249-4514
DAVID L. VARNER
Plaintiff
V.
JESSE D. GODFREY and NICOLE M.
GODFREY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.
CIVIL ACTION
Defendants
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW comes the Plaintiff, David L. Varner, and by and through his attorneys, Shawn M.
Stottlemyer, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., brings this action in
mortgage foreclosure against Defendants Jesse D. Godfrey and Nicole M. Godfrey, and avers as
follows:
1. Plaintiff is David L. Varner, an individual who currently resides at 92 Hershey Road,
Shippensburg, Pennsylvania 17257.
2. Defendant Jesse D. Godfrey is an adult individual and resident of the Commonwealth of
Pennsylvania, having a current residential address of 118 North Fayette Street, Shippensburg,
Pennsylvania 17257.
Defendant Nicole M. Godfrey is an adult individual and resident of the Commonwealth
of Pennsylvania, having a current residential address of 118 North Fayette Street, Shippensburg,
Pennsylvania 17257.
4. Defendants are the real owners, mortgagors, and grantees in the last Deed of record to
the real property located at 118 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania
17257 (the "property"). A true and correct legal description for the property is attached hereto as
"Exhibit A" and incorporated by reference.
5. On October 13, 2011, Defendants, as mortgagors, made, executed, and delivered a
Mortgage (the "Mortgage) on the property for the benefit of Plaintiff, as security for their payments
and performance of other obligations under a note (the "Note") executed by them on May 29, 2009 in
consideration of a loan made to them by Plaintiff. A true and correct copy of the Note is attached
hereto as "Exhibit B" and incorporated by reference.
6. The mortgage is recorded in the Office of Recorder of Deeds in and for Cumberland
County, Pennsylvania, Instrument Number 201129107. The Mortgage is a matter of public record and
is incorporated herein by reference by virtue of Pa.R.C.P. § 1019(g). A true and correct copy of the
Mortgage is attached hereto as "Exhibit C" and incorporated by reference.
The Note and Mortgage are in default because the required monthly payments due under
the terms of the aforesaid Note and Mortgage were only partially paid from the September 2010
payment to the November 2010 payment, the January 2011 payment to the February 2011 payment,
and the June 2011 payment to the December 2011payment.
8. The Note and Mortgage are in default because the required monthly payments due under
the terms of the aforesaid Note and Mortgage were not paid for the December 2010 payment, the
March 2011 payment to the to the May 2011 payment, and the January 2011 payment to the present.
9. Despite Plaintiff's demands, Defendants have failed and refused to pay the amount due
and owing under the Note and Mortgage.
10. By the terms of the Note and Mortgage, upon default and failure to cure after written
notice, all sums secured by said Mortgage shall be immediately due and owing.
11. Pursuant to Paragraph 3 (a) of the Mortgage, Defendants must pay all taxes and
assessments levied by any lawful authority. Defendant has failed to pay property taxes in the amount of
$1,455.00, causing the costs to be incurred by Plaintiff.
12. The terms of the Note and Mortgage further provide that, in the event of default,
Defendants shall be liable to pay all of Plaintiff's costs and expenses, including, but not limited to,
attorney's commission for collection, which was agreed to by the parties hereto to be ten percent (10%)
of the total indebtedness or five hundred dollars ($500.00), whichever is greater, and court costs
incurred in collecting, enforcing, and protecting Plaintiff's rights.
13. The following amounts, in addition to costs of suit, are due as of March 23, 2012:
Principal: $61,190.00
Property Taxes: $ 1,455.00
Attorneys' Commission: $ 6,264.50
Total: $68,909.50
14. A Notice of Intention to Foreclose pursuant to 41 P.S. §403 (the "Act 6 Notice") was
mailed via certified mail return receipt requested to Defendants on January 24, 2012. A true and correct
copy of the Act 6 Notice is attached hereto as "Exhibit D" and incorporated by reference.
WHEREFORE, Plaintiff David L. Varner respectfully requests your Honorable Court enter
judgment in rem in his favor and against Defendants Jesse D. Godfrey and Nicole M. Godfrey in the
amount of $68,909.50, plus cost of suit, and such other relief as this Court deems just and proper.
Date:"- Respectfully Submitted,
Allied Attorneys of Central PA, L.L.C.
B --
Shawn M. Stottlemyer, Esquire
Attorney I.D. No. 312794
61 West Louther St.
Carlisle, PA 17013
(717) 249-1177
(717) 249-4514 Fax
Attorneys for Plaintiff
ALL that certain lot of gro:md v,,ith improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows:
BEGEvTNING at a stake at the edge of McCalister Road; thence with said road, South 22
1/2 degrees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W.
VanScyoc, South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2
degrees West 30 feet to a stake at lands now or formerly of the West End Land Company;
thence with said lands, North 52 degrees East 211 feet to a stake at the edge of the
McCaLster Road, the place of BEGINNING.
BEING the same real estate which Orrstown Bank, a Pennsylvania company, by deed
dated May 29, 2009, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, PA,, Instrument No. 200918210, conveyed to Jesse D. Godfrey
and Nicole M. Godfrey, husband and wife, the Mortgagors herein.
Joseph A. Macaluso served strictly as scrivener in connection with the preparation
of this mortgage and conducted no title examination for the within described premises
as of the date of this Mortgage and was instructed by the Mortgagors and Mortgagees
not to conduct a title examination.
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JOSEPH A. MACALUSO
Attorney at Law
P.O. Box 83
Orrstown, PA 17244
Admitted to Practice in
PA, NJ and NY
Date:
To: DQ_V I G L, Vr r,-niir
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nib; , Pry (-10:57.
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(717) 532-4832
We have enclosed the following recorded original document(s) checked below in
connection with the real estate matter that we recently handled for you:
Applicable document(s) checked:
Deed
Mortgage
Satisfaction Piece
Partial Release of Mortgage
Power of Attorney
Memorandum of Option Agreement
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003H2F
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MORTGAGE
Tax Parcel No. 34-34-2417-073
THIS MORTGAGE is made this I ?) day of October, 2011, by and among Jesse D.
Godfrey and Nicole M. Godfrey, husband and wife, of 118 North Fayette Street,
Shippensburg, Pennsylvania 17257(herein after, whether one or more, called
"Mortgagor"); and David L. Varner, single, 92 Hershey Road, Shippensburg,
Pennsylvania 17257(herein after, whether one or more, called "Mortgagee").
Whereas, Mortgagor has executed and delivered to Mortgagee a certain Note
(hereinafter called the "Note") dated May 29, 2009, payable to the order of Mortgagee in
the principal sum of Seventy Thousand ($70,000.00) and00/100 Dollars, lawful money
of the United States of America, and has provided therein for payment of any additional
moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at
the rate provided in the Note, in the manner and at the times therein set forth, and
containing certain other terms and conditions, all of which are specifically incorporated
herein by reference;
Now, Therefore, Mortgagor, intending to be legally bound, and in consideration of
said debt and as security for the payment of the same and interest as aforesaid,
together with all other sums payable hereunder or under the terms of the Note, does
mortgage, grant and convey unto Mortgagee, their heirs, successors and assigns:
See Exhibit A attached hereto and made part hereof.
Together with the buildings and improvements erected thereon, the appurtenances
thereunto belonging and the reversions, remainders, rents, issues and profits thereof.
To Have And To Hold the same unto Mortgagee, his heirs, successors and assigns,
forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or
principal sum, including additional loans or advances and all other sums payable by
Mortgagor to Mortgagee hereunder and under the terms of the Note, together with
interest thereon, and shall keep and perform each of the other covenants, conditions
and agreements hereinafter set forth, then this Mortgage and the estate hereby granted
and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants,
conditions, and agreements:
s t, ,,.
(1) The Mortgagor shall pay the said debt together with interest thereon at the rate
provided in the Note, together with all other charges, in the manner and at the times set
forth in the Note.
(2) The Note secured hereby shall evidence, and this Mortgage shall cover and be
security for, any future loans or advances that may be made by Mortgagee to Mortgagor
at any time or times hereafter and intended by Mortgagor and Mortgagee to be so
evidenced and secured, and such loans and advances shall be added to the principal
debt.
(3) From time to time until said debt and interest are fully paid, Mortgagor shall: (a)
pay and discharge, when and as the same shall become due and payable, all taxes,
assessments, sewer and water rents, and all other charges and claims assessed or
levied from time to time by any lawful authority upon any part of the mortgaged
premises and which shall or might have priority in lien or payment to the debt secured
hereby; (b) pay all ground rents reserved from the mortgaged premises and pay and
discharge all mechanics' liens which may be filed against said premises and which shall
or might have priority in lien or payment to the debt secured hereby; (c) pay and
discharge any documentary stamp or other tax, including interest and penalties thereon,
if any, now or hereafter becoming payable on the Note evidencing the debt secured
hereby; (d) provide, renew and maintain, by paying the necessary self-insurance plan
through the church of Mortgagor or such other hazard and/or liability
insurance coverage as Mortgagee may from time to time require upon the buildings and
improvements now or hereafter erected upon the mortgaged premises, in an amount
not less than this Mortgage, with loss payable clauses in favor of Mortgagor and
Mortgagee as their respective interests may appear, and Mortgagor shall
simultaneously with the execution of this Mortgage and upon each annual anniversary
of this Mortgage furnish Mortgagee with proof of such coverage or a copy of such
policies or declarations pages as Mortgagee may require, and (e) promptly submit to
Mortgagee evidence of the due and punctual payment of all the foregoing charges in
Paragraph 3, subparagraphs (a) though (d) inclusive above within 15 days of payment.
(4) Mortgagor shall maintain all buildings and improvements subject to this
Mortgage in good and substantial repair, as determined by Mortgagee. Mortgagor shall
not remove or demolish any buildings and improvements subject to this Mortgage
without prior written consent of Mortgagee. Mortgagee shall have the right to enter
upon the mortgaged premises at any reasonable hour for the purpose of inspecting the
order, condition and repair of the buildings and improvements erected thereon.
Mortgagor warrants title to the mortgaged premises.
(5) In the event Mortgagor neglects or refuses to pay the charges mentioned at (3)
above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee
may, but shall not be required to, add the cost thereof to the principal debt secured
hereby, and collect the same as part of said principal debt.
(6) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or
any part of the mortgaged premises, any debt, lien or charge which would be prior to, or
on a parity with, the lien of this Mortgage. Mortgagor shall comply with all laws,
ordinances, regulations, and orders of all Federal, State, Municipal and other
governmental authorities relating to the Mortgaged premises, including but not limited to
zoning, subdivision, and environmental laws, ordinances, regulations, and orders.
Mortgagor shall not store or maintain any hazardous materials or substances on the
premises except as normally typical for residential usage.
(7) If all or any part of the estate hereby granted or any interest in it is sold or
transferred without Mortgagee's prior written consent, Mortgagee may, at his option,
require immediate payment in full of all sums secured by this Mortgage. However, this
option shall not be exercised by Mortgagee if exercise is prohibited by federal law as of
the date of this Mortgage.
If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of
acceleration. The notice shall provide a period of not less than thirty (30) days from the
date the notice is delivered or mailed within which Mortgagor must pay all sums secured
by this Mortgage. If Mortgagor fails to pay these sums prior to the expiration of this
period, Mortgagee may invoke any remedies permitted by this Mortgage without further
notice or demand on Mortgagor.
(8) If the loan secured by this Mortgage is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges
coilected or to be collected in connection with the loan exceed the permitted limits, then:
(a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Mortgagor which
exceeded permitted limits will be refunded to Mortgagor, Mortgagee may choose to
make this refund by reducing the principal owed under the Note or by making a direct
payment to Mortgagor. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
(9) In case default be made for the space of thirty (30) days in the payment of any
installment of principal, or interest pursuant to the terms of the Note, or in the
performance by Mortgagor of any of the other obligations of the Note or this Mortgage,
the entire unpaid balance of said principal sum, additional loans or advances and all
other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage,
together with unpaid interest thereon shall at the option of Mortgagee and without notice
become immediately due and payable, and an action of mortgage foreclosure may be
brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for
the collection of the same, together with all other charges, costs of suit and reasonable
attorney's commission for collection, which it is agreed by the parties hereto shall be ten
percent (10%) of the total indebtedness or five hundred dollars ($500.00), whichever is
greater. The parties agree that the interest rate payable after a judgment is entered
shall be the rate payable under the Note.
Mortgagor agrees that no subordination of this Mortgage shall be permitted.
OF The covenants, conditions and agreements contained in this Mortgage shall bind,
and the benefits thereof shall inure to, the respective parties hereto and their respective
heirs, executors, administrators, successors and assigns, and if this Mortgage is
executed by more than one person, the undertakings and liability of each shall be joint
and several.
Witness the due execution hereof the day and year first above written.
,(SEAL)
ess . Godfrey, Mcfg r U (SEAL)
Nicole M. Godfrey, Mort
gago
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS.
On this (it day of October, 2011, before me, the undersigned officer, personally
appearedJesse D. Godfrey and Nicole M. Godfrey, husband and wife, known to me
(or satisfactorily proven), to be the persons whose names are subscribed to the
within instrument, and acknowledged the foregoing mortgage to be their act and
deed, and desired the same to be recorded as such. Witness my hand and official
seal, the day and year aforesaid.
Notary Public
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NOW Pubft
SOUWARM rNMAP" CNTY
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CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of the within Mortgagee is:
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Witness my hand this day of October, 2011.
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EXHIBIT A
ALL that certain lot of ground with improvements thereon erected, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, bounded and desc.:ibed as follows:
BEGLN_NENT(a at a stake at the edge of McCalister Road; thence with sai d road, South 22
1/2 de2:rees East 38.5 feet to a stake; thence with lot of ground now or formerly of D.W.
VanScyoc, South 53 1/2 degrees West 220 feet; thence with said lands, North 36 1/2
degrees West 30 feet to a stake at lands now or formerly of the West End Land Company;
thence with said lands, North 52 degrees East 211 feet to a stake at the, edge of the
McCalister Road, the place of BEGINNING.
BEING the same real estate which Orrstown Bank, a Pennsylvania company, by deed
dated May 29, 2009, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, PA, Instrument No. 200918210, conveyed to Jesse D. Godfrey
and Nicole M. Godfrey, husband and wife, the Mortgagors herein.
Joseph A. Macaluso served strictly as scrivener in connection with the preparation
of this mortgage and conducted no title examination for the within described premises
as of the date of this Mortgage and was instructed by the Mortgagors and Mortgagees
not to conduct a title examination.
4 ', k
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201129107
Recorded On 10/21/2011 At 9:11:29 AM Total Pages - 7
Instrument Type - MORTGAGE
Invoice Number - 95340 User ID - SW
Mortgager - GODFREY, JESSE DAVID
Mortgagee - VARNER, DAVID L
V Customer - JOSEPH A MACALUSO ATTORNEY AT LAW
FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $15.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $66.00
I Certify this to be recorded
in Cumberland County PA
Of CU?e
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9
RECORDER O D EDS
CCCCCC\\"'''' 1750
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
- Information denoted by an asterisk may change during
the verification process and may not be reflected an this page.
003H2F
I . 4.
ALLIED ATTORNEYS
Main Office
61 West Louther Street
Carlisle, Pennsylvania 17013
(717) 249-1177
(717) 249-4514 Fax
OF CENTRAL PENNSYLVANIA, L.L.C.
Branch Office
100 N. Main Street
Mifflintown, PA 17059
(717) 436-0220
(877) 882-8904 Toll Free
Stephanie E. Chertok, R.N., Esquire Adam R. Deluca, Esquire
Andrew J. Bender, Esquire Shawn M. Stottlemyer, Esquire
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
January 24, 2012
Nicole Godfrey
118 North Fayette Street
Shippensburg, PA 17257
TO: NICOLE GODFREY
The MORTGAGE held by David L. Varner on your property located at 118 North
Fayette Street, Shippensburg, Cumberland County, Pennsylvania IS IN SERIOUS DEFAULT
because you have not made the fill monthly payments of $400.00 for the months of September
2010 through January 2012. Because of the high number of missed and partial payments, you are
in default in the amount of $3,890.00. Further, Section (3)(a) of the mortgage requires that you
pay all taxes and assessments, which you have failed to do. The tax bill was paid by David L.
Varner in the amount of 51,455.34 bringing the total amount due to 55,345.34.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by
paying to David L. Varner the above amount of 55,345.34, plus any additional monthly
payments and late charge which may fall due during this period. Such payment must be made
either by cash, cashier's check, certified check or money order.
If you do not cure the default within THIRTY (30) DAYS, David L. Varner intends to
exercise his right to accelerate the mortgage payments. This means that whatever is owed on the
original amount borrowed will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments. If fill payment of the amount of default is
not made within THIRTY (30) DAYS, David L. Varner also intends to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If you cure the default before proceedings are
began against you you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00. However, if legal proceedings are started against you, you will have to pay the
reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to
whatever you owe David L. Vainer, which may also include his reasonable costs. If you cure the
default within the thirty day period, you will not be required to pay attorney's fees.
David L. Varner may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage. If you have not cured the default within the thirty 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 before the Sheriff's foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and
perform any other requirements under the mortgage]. A notice of the date of the Sheriff sale will
be sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. On February 1, 2012 the amount will increase to 55,745.34 to reflect the
$400.00 due on that date. This payment must be in cash, cashier's check, certified check or
money order and made payable to David L. Varner.
You should realize that a Sheriff's sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after the Sheriff's
sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property.
YOU MAY OBTAIN THE TOTAL AMOUNT DUE TO CURE THE DEFAULT BY
CALLING DAVID L. VARiNER AT 717-532-3474. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME
THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS.
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE
SATISFIED. CONTACT AN ATTORNEY TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
Very truly yours,
Shawn Stottlemyer
Cc: David L. Varner
` [ , 6?
ALLIED ATTORNEYS
OF CENTRAL. PENNSYLVANIA, L.L.C.
Main Office Branch Office
61 West Louther Street 100 N. Main Street
Carlisle, Pennsylvania 17013 Mifflintown, PA 17059
(117) 249-1177
(717) 436-0220
(117) 249-4514 Fax (877) 882-8904 Toll Free
Stephanie E. Chertok, R.N., Esquire Adam R. Deluca, Esquire
Andrew J. Bender, Esquire Shawn M. Stottlemyer, Esquire
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
January 24, 2012
Jesse D. Godfrey
118 North Fayette Street
Shippensburg, PA 17257
T0: JESSE D. GODFREY
The MORTGAGE held by David L. Varner on your property located at 118 North
Fayette Street, Shippensburg, Cumberland County, Pennsylvania IS IN SERIOUS DEFAULT
because you have not made the fiill monthly payments of $400.00 for the months of September
2010 through January 2012. Because of the high number of missed and partial payments, you are
in default in the amount of $3,890.00. Further, Section (3)(a) of the mortgage requires that you
pay all taxes and assessments, which you have failed to do. The tax bill was paid by David L.
Varner in the amount of $1,455.34 bringing the total amount due to $5,345.34.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by
paying to David L. Varner the above amount of S5,345.34, plus any additional monthly
payments and late charge which may fall dice during this period. Such payment must be made
either by cash, cashier's check, certified check or money order.
If you do not cure the default within THIRTY (30) DAYS, David L. Varner intends to
exercise his right to accelerate the mortgage payments. This means that whatever is owed on the
original amount borrowed will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments. If full payment of the amount of default is
not made within THIRTY (30) DAYS, David L. Vainer also intends to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If you cure the default before proceedings are
began against you, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00. However, if legal proceedings are started against you, you will have to pay the
reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to
.. R
whatever you owe David L. Varner, which may also include his reasonable costs. If you cure the
default within the thirty day period, you will not be required to pay attorney's fees.
David L. Varner may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage. If you have not cured the default within the thirty 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 before the Sheriff's foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments plus any late or other charges then due,
as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and
perform any other requirements under the mortgage]. A notice of the date of the Sheriff sale will
be sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. On February 1, 2012 the amount will increase to S5, 745.34 to reflect the
$400.00 due on that date. This payment must be in cash, cashier's check, certified check or
money order and made payable to David L. Varner.
You should realize that a Sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after the Sheriffs
sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property.
YOU MAY OBTAIN THE TOTAL AMOUNT DUE TO CURE THE DEFAULT BY
CALLING DAVID L. VARNER AT 717-532-3474. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME
THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS,
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE
SATISFIED. CONTACT AN ATTORNEY TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
Very truly yours,
Shawn Stottlemyer
Cc: David L. Varner
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Shawn M. Stottlemyer, Esquire, I.D. No. 312794
Stephanie E. Chertok, Esquire, I.D. No. 52651
Allied Attorneys of Central Pennsylvania, L.L.C.
61 West L.outher Street
Carlisle, PA 17013
717-249-1177
717-249-4514
DAVID L. VARNER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
JESSE D. GODFREY and NICOLE M.
GODFREY
Defendants
No.
CIVIL ACTION
MORTGAGE FORECLOSURE
VERIFICATION
I, David L. Varner, verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904
relating to unsworn falsification to authorities.
Date: 46r - ?Z
David L. Varner
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
HE
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
David L. Varner
vs.
Jesse D. Godfrey (et al.)
"''0` 1 2 Air -4 AM q t!,?
U fr ? ? I r1,
1.
I ENMSYLVAHI
Case Number
2012-1928
SHERIFF'S RETURN OF SERVICE
03/28/2012 03:02 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 28, 2012 at 1502 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Jesse D. Godfrey, by making known unto himself personally, at
118 N. Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the
same time handing to him personally the said true and correct copy of the same.
ri
GERALD WORTHINGT DEPUTY
03/28/2012 03:02 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 28, 2012 at 1502 hours, he served a true copy of the within Complaint in Mortgage Foreclosure,
upon the within named defendant, to wit: Nicole M. Godfrey, by making known unto herself personally, at
118 N. Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the
same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $64.45
March 30, 2012
I jxna'&
GERALD WORTHINGT , DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
David L. Varner
Plaintiff
vs
Jesse D. Godfrey and Nicole M. Godfrey
Defendants
PRAECIPE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No 12-1928 Civil Term
CIVIL ACTION
MORTGAGE FORECLOSURE
WITHDRAWAL OF CLAIM
L Please mark Civil Action 12-1928 as WITHDRAWN.
2. The parties have come to a settlement agreement.
C7
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David D. Buell, Prothonotary
7/5-`
Attorney Info:
Adam R. Deluca, Esq.
Allied Attorneys of Central Pennsylvania
20
Attorney for plaintiff
61 West Louther Street
N
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Carlisle, PA 17013