Loading...
HomeMy WebLinkAbout02-0953FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. KIMBERLY S. MCNAIR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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 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. 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 AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O 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 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 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 963 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 infomxation obtained will be used for that purpose. The amount 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 undersigned 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 Plaintiff 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 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant KIMBERLY S. MCNAIR, is an adult individual whose last known address is 53 GILBERT ROAD, SHIPPENSBURG, PENNSYLVANIA 17257. On or about, January 28, 1999, the said Defendant executed and delivered a Promissory Note ("Note") in favor of GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P, ("Original Mortgagee") in the principal amount of $77,800.00, the proceeds of which were used to purchase a residential property located at 53 GILBERT ROAD, SHIPPENSBURG, PENNSYLVANIA 17257. A copy of the Note is attached 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 1516, Page 695 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to Pennsylvania Housing Finance Agency and was recorded in the aforesaid County in Mortgage Book 602, Page 216. The Mortgage was further assigned to First Union National Bank, Trustee for the Pennsylvania Housing Finance Agency, and will be sent for recording. Said Mortgage and Assignments are incorporated herein. The land subject to the Mortgage is: 53 GILBERT ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 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 September 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $10.39 per day From 08/01/2001 To 03/01/2002 ( based on contract rate of 5.0000%) Accumulated Late Charges Late Charges $16.71 From 09/01/2001 to 03/01/2002 Escrow Balance (Deficit) $74,801.78 $2,202.68 $116.97 $100.26 $292.43 Attom~'sFee~5% of PrincipalB~ance TOTAL $3,740.09 $81,254.21 **Together with interest at the per diem rate noted above after March 01, 2002 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 Sheriff's 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 judgment has been entered upon said Mortgage in any jurisdiction. Notice of Intention to foreclosure 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 her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.0000% ($10.39 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff'~le and for foreclosure and sale of the property within described. ~/4,///,~//7~rI/ i~- PURCELL, KRUG a HA~)~EI~ L/ ! Leon P. Hailer, Esquire ~ Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Multistate ORIGINA NOTE Ft-IA- J.Z Ib~5.L ,71 ! 3 '1 FHA Case No. 441-590442-0 SHIPPENSBURG, PA 17257 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of thi~ Note, and the person's successors and assigns. "Lender" means GATEIJAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Thousand Eight Hundred and no/100 Seventy Seven Dollars (U.S. $ 77,800.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of F percent ( 5. 000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is securedby a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrumentprotects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 1999, . Any principal and interest remaining on thc first day of FEBRUARY 2029 , , will be due on that date, which is called the "Maturity Date." (B) Place Paymentshallbemadeat 500 Office Center Drive, Suite 325 Fort l~ashtngton, Pa 19034 or at such place as Lender may designate in writing FHA Mulfistate Fixed Rate Note - 10/95 VMP MORTGAGE FORMS . (800)521.7291 ,/t ,~ Page 1 of 2Initiall: lO01R1.Frm by notice to Borrower. (C) Amount EachmontMypaymentof principal andinterestwill bain theamountof U.S. $ 417.65 . Thls amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and' other items in th6 order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustmentsis executed by Borrower together with this Note, the covenants of the allonge shall be incorporatedinto and shall amendand supplementthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ~ Graduated Payment Allonge~ Gro_wing Equity Allonge [~ Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the fight to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the r.e.mainderof the month to the extent requiredby Lender and permittedby regulations of the Secretary. If Borrower makes a part;al prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments ff Lender has not received the full monthly payment required by the Security Instrument, as describe~ in Paragraph 4(C) of this Note, by the end of fdteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 6% (four) %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediatepayment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many c/rcumstancesregulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults, This Note does not authorize accelerafionwhen not permittedby HUD regulations. As used in this Note, "Secretary" mean~ the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lenderhas requiredlmmediatepaymentin full, as described above, Lender m;~y requireBorrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing thin Note to the ex'tent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of thix Note. 7. WAIVERS .'. Borrower and any other person who has obligations under thi~ Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment .of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due .have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under thi~ Note will be given by first class mail to Lender at the address statedin Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep aH of the promises made in this Note, including the promise to pay the full amountowed. Any personwho is a guarantor, surety or endorserof this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in thin Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person si~nlng thi.~ Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower ac-~l~-s and agrees to the terms and covenants containedin thi~ Note. '/~BE~Y ~./~d ~'- (Seal) S MCNAIR -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (~)~-IR {9601).Ol 1001R2.Frm (Seal) ~Borrow~r (Scat) -BorrOwer Page 2 of 2 (Seal) P~NS"YLYANI,q FIODS/N~ -Borrower Pe¥)~e order of F/NA /OEAGENCY wit"out recourse (Seal) _C~/~eway Funding Divereified Mot*.*' ~ n~ . eneral Pa~er= Gate~;Jlng, In=~ Anth~ E Bruno AssL ~ Preaident First American Title Insurance Company Commitment Number: 990045 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot of ground situate in Southampton Township,' Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a'spike in the centerline of Legisiative Route 21006 and corner of land now or formerly David L. Wilson and Donna J. Wilson, his wife; thence along the said centerline, north fifty-one (51) degrees fourteen (14) minutes twenty (20) seconds east, one hundred (100) feet to a spike; thence by lands now or formerly of John A. Smith and Ogal J. Smith, his wife, south seven (07) degrees east, two hundred thirty-five and three, tenths (235.3) feet to an iron pin; thence by the same, south fifty-one (51) degrees fourteen (14) minutes twenty (20) seconds west one hundred (100) feet to an iron pin and line of land now or formerly of David L. Wilson and Donna J. Wilson, his wife; thence by the same, north seven (07) degrees west, two hundred thirty-five and three tenths (235.3) feet to a spike in the centerline of Legislative Route 21006, the place of BEGINNING. TOGETHER with a fifteen (15) foot perpetual easement and a free, uninterrupted and unobstructed right-of-way in favor of the Grantees and their heirs and assigns for the purpose of constructing, installing, erecting, laying, using, operating, maintaining, inspecting, repairing, relaying, enlarging, and adding to, from time to time, solely at Grantor's expense, a sewer line, including conduits, pipes, and accessories and appurtenances, upon over and under, the lands of the Grantor hereinafter described, together with all rights of ingress, egress, and regress into, over, upon, through along and from said land which are necessary or convenient for full and complete use by the Grantees, their heirs, administrators, successors and assigns of the said right-of-way and privileges herein granted, to place surface markers beyond said strip, to clear and k~R cleared all trees, roots, brush and other obstruction from the surface and sub-surface of said right-of-way. THE LOCATION of said easement is described as follows: Fifteen (15) foot wide perpetual easement and right-of-way measured from the southern berm of Legislative Route 21006 and located along the entire width of other property now or formerly of Lincoln E. Reed, known as Lot No. i pursuant to survey draft prepared by William A. Brindle, R.S., dated October 30, 1972, and more specifically described as Tract No. 1 in Cumberland County Deed Book 123, page 774. BEING the same premises which Lincoln E. Reed, by Deed dated March 14, 1996 and recorded April 18, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 137, page 863, granted and conveyed unto Arthur P. Shi~Lkanon, Jr. and Pandora R. Shimkanon, his wife. VERIFICATION Donald J. Plunkett, hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Assistant Executive Director Single Family Housing FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 953 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RA E C I P E Please mark the above case settled and discontinued without prejudice. PURCE~HALLER. By: ~-~ Leon P. Ha)ler ID #15700 Attorney/for Plaintiff Purcell, Krug &Haller 1719 ~rth Front Street Harrisburg, PA 17102 (717') 234-4178 DATE: April 10, 2002