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Home My WebLink About05-0005 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GoLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MECLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIUA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW vs. ~r.~r rrGAaE CiVIL ACT1~~~ ro~CLOMJ"E 0$- $ CiuL~Y>l. 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 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. 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. JANICE L. JONES ERIC W. JONES Mortgagors and Real Owners 3 Kail Avenue Shipp ens burg, P A 17257 ACTION OF MORTGAGE FORECLOSURE Defendants LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SER VIDO CON EST A DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA 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 P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES - DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 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. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. I). Call an attorney. For referrals to a qualified attorney call either ofthe following numbers: 717-243- 9400 or . 2). Call Pennsylvania Housing Finance Agency at 800-342-2397 for a counseling agency in your neighborhood. 3). Visit HUD'S website www.hud.gov/offices/hsg/sth/econlecon.cfm for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Carol at 215-825-6329 or Nancy at 215-825-6358 or fax 215-825-6429 or 215-825-6458. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is Edward Sparkman who can be reached at 215-825-6318 or Fax: 215-825- 6418. Please reference our Attorney File Number ofMT-0600. Para informacion en espanol puede communi carse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, PO Box 840, Buffalo, NY 14240-0840. 2. The,names and addresses of the Defendants are JANICE L. JONES, 3 Kail Avenue, Shippensburg, PA 17257 and ERIC W. JONES, 3 Kail Avenue, Shippensburg, P A 17257, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On June 15,2001 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1724 Page 206. The mortgage has been assigned to: M&T MORTGAGE CORPORATION by Assignment of Mortgage, which is being lodged for recording. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9) which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A". 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due July 01, 2004, 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 06/01/2004 through 12/31/2004 at 4.1250% Per Diem interest rate at $10.50 Reasonable Attorney's Fee Ifthe Mortgage is reinstated prior to a Sheriffs Sale the Attorney's Fees may be less than this amount based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% ofthe remaining principal balance ($4,583.64) in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Late Charges from 07/01/2004 to 12/31/2004 Monthly late charge amount at $33.69 Costs of suit and Title Search $91,672.87 $2,247.00 $1,250.00 $202.13 Escrow Monthly Escrow amount $673.88 $900.00 $96,272.00 +$436.93 - $96,708.93 7. Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendants in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. The within mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFQRE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $96,708.93, together with interest at the rate of $1 0.50, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law, and for the foreclosure of the Mortgage and Sheriffs Sale Of:: p;;~ ~ () ~ n . ~~c~MhF~ cKEE By: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF . .~ VERIFICATION I, Diana M. Robinson, 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. Date: /2/ _?O -Z) t ;JfL Diana M. Robinson M&T MORTGAGE COMPANY T,~fii3i t .9L EXHIBIT "A" ~OO\\ GU~\..\1'f {)1978~r 57000 Deser/pllon of Real Estate: k All that certain lot of land sftuate In the Township of Southampton, County of . Cumberland and Commonwealth of Pennsylvania, being Lot No. 87 In Section 3 In the t Development known as South Mountain Estates, said plan recorded in Plan Book 27, at Page 117. bounded and desCrIbed 8S foUows, to wit: BEGINNING at a point in the Northern edge of Kall Avenue at comer of Lot No. 86; thence by the Norther edge of KalI Avenue South seventy (70) degrees thlrty-one (31) minutes thirty (30) seconds Wist one hundred fifty (150) feet to a point; thence by a curve to the right having a radius of twenty- fIVe (25) feet, a distance of thlrty-nlne and thlrty.seven hundredths (39.37) feet by a long chord North $Ixty.tour (64) degrees twenty.gJght (28) minutes thirty (30) seconds West thlrty--ftve and thirty-six hundredths (35.36) fef!t to a point In the Eastern edge of Carla Drive; thence by the Eastern edge of Carla Drlvlt North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seoonds Vlest one hundred thirteen and ten hundredths (113.10) feet to a point at comer of Lot No. 88; thence by Lot No. 88 North seventy (70) degrees thlrty-one (31) minutes thirty (30) seconds East pne hundred seventy-five (175) feet to a point In line of Lot No. 86: thence by.tot No. 86 South nineteen (19) degrees twenty-elght (28) minutes thirty (30) seconds East one hundred thirty-eight and ten hundredths (1~.10) feet to a point In the Northern edge of Kall Avenue, the place of beginning. CONTAINING 24,033 square feet, per survey of J. H. Rife, R.S., dated February 9.1973. BEING the sarna real estate which John ~Dewalt, Jr. and Ruth A. Dewalt. husband and wife, by deed dated the ~ day of. J~ ,2001, and intended to be recorded In and among the records of the Recorder of Deeds of Franklin County, PeMsylvsnla. Immediately prior to the recording of this Mortgage. conveyed to Eric W. Jones and Janice L. Jones, husband and wife, Mortgagor herein. SUBJECT TO restrictions as of record. ;Aj (:J -tC. ti ~ U( U'1. '- 5ll () S ~ - 0 1"-..) ~ C c:--'" 0 C) = t1 ~ ~ c...M L1{-;; c.... -l C) - ["I [", ::;::.a :r: C> ,4....: '-_! Z f11;::!::! ", r (7:, : ". , -O~ :0 ~ ~:l.._: w n ::;::1 <;?, f:G , ('--'Ii ~ ~: c-~~ '2 ,('.- ---c., ~.) ~ ~4 .. C> <::':' :-n C""\ -< GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. JANICE L. JONES ERIC W. JONES IMortgagor(s) and Record owner(sll 3 Kail Avenue Shippensburg, PA 17257 No. 05-5 Civil Term PRAECIPE TO DISCONTINUE AND~ TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. f?It~ JOSEPH A. GOLDBECK, JR., ESQUIRE .-l " ' "-~> SHERIFF'S RETURN - REGULAR CASE NO: 2005-00005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS JONES JANICE L ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JONES JANICE L the DEFENDANT at 1715:00 HOURS, on the 11th day of January 2005 at 3 KAIL AVENUE SHIPPENSBURG, PA 17257 by handing to ERIC W JONES, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 15.54 .00 10.00 .00 43.54 ~~-.,~~ R. Thomas Kline 01/12/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before 'y __~/} -;cY /. Z~-/ if D puty 5hjff me this ,; 'If:? day of (i~<'/>7 d-.~'; A.D. ~Jg:/u (J (M,io/.U, #". P 0 honotary . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00005 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS JONES JANICE L ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JONES ERIC W the DEFENDANT at 1715:00 HOURS, on the 11th day of January 2005 at 3 KAIL AVENUE SHIPPENSBURG, PA 17257 by handing to ERIC W JONES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~.r-A(</,~ R. Thomas Kline 01/12/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: J/!/ill lifT. Dep ty Sner' f me this ;tve day of C}iW€' "I ,;l{)v,{, A.D. e],!" , 0. 'tJ...,jh" "Jrf Prothonotary'