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Home My WebLink About05-3040 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GoLDBECK, JR. ATTORNEY I.D, '1116132 SUITE 500.0 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING LP F/K/A COUNTRYWIDE HOME LOANS, INe. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff vs. REBECCA A. SUSA VIDGE BRYAN S. SUSAVIDGE Mortgagors and Real Owners 804 South Humer Street Enola, PAl 7025 ACTION OF MORTGAGE FORECLOSURE Defendants Term No. OS -~ CIVIL ACTION: MORTGAGE FORECL08UP\E C/~{ I~ 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 LA WYER 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. LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 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 PERESENTADAS, ES ABSOLUTAMENTE 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, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU P ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR 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. 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 FUADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUlR 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, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 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/econ/econ.cfin for Help for Homeowners Facing the Loss of Their Homes. 4). Call your lender 800-641-4978 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 ofCWD-4668. Para informacion en espanol puede communicarse con Loretta aI215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis COUNTRYWIDE HOME LOANS SERVICING LP F/KJA COUNTRYWIDE HOME LOANS, INC., 7105 Corporate Drive, PTX B-35 Piano, TX 75024-3632. 2. The names and addresses of the Defendants are REBECCA A. SUSA VIDGE, 804 South Humer Street, Enola, PA 17025-2923 and BRYAN S. SUSA VIDGE, 804 South Humer Street, Enola, PA 17025-2923, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On May 16,1997 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book: 1382, Page: 225. The mortgage has been assigned to: COUNTRYWIDE HOME LOANS, INe. by Assignment of Mortgage dated May 20,1997 and recorded on August 11, 1997 as Book: 554, Page: 338. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1 019(g) 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 February 01,2005, 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 01/01/2005 through 06/30/2005 at 7.0000% Per Diem interest rate at $16.80 Reasonable Attorney's Fee If the Mortgage is reinstated prior to a Sheriff s Sale the Attorney's Fees maybe 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% of the remaining principal balance ($4,380.46) 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 02/01/2005 to 06/3012005 Monthly late charge amount at $32.33 Costs of suit and Title Search Monthly Escrow amount $171.49 $87,609.18 $3,040.80 $1,250.00 $161.64 $900.00 $92,961.62 7. Plaintiff is not seeking a judgment of persona11iability (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 oftheir 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. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $92,961.62, together with interest at the rate of$16.80, 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 ofthe Mortgage and Sheriffs Sale of the Property. By: VERIFICATION I, Michael D. Vestal, 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.8. 4904 relating to unsworn falsification to authorities. Date: 6 -( 0-0 <) ~;Jt) '0Jcf Michael D. Vestal COUNTRYWIDE HOME LOANS INe. p,~lii6it .Jl _ ____~~_________'w.__~_=_"_'=.....;;::,;;;;.:,;;;======>====>===::=:::::::========,=====_;;::o=========~= Leeal Description: (As shown on MOJ1l!aee) ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP 0.' EAST PENNSBORO, CQUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. MORE PARTICULARLY DESCRIBED IN ACCORDANCE WITH SURVEY OF HARTMAN & ASSOCIATES, INC. DATED OCTOBER 30,1992 AS FOLLOWS, TO WIT: BEGINNING AT A POINT MARKED BY AN IRON PIN WHICH IS THE NORTHWEST CORNER OF LOT NO.2 ON THE PLAN OF LOTS REFERRED TO HEREINAFTER AND WHICH BEGINNING POINT IS ON THE EASTERN SIDE OF SOUTH HUMER STREET; THENCE ALONG THE EAST SIDE OF SOUTH HUMER STREET NORTH TWENTY. SEVEN (27) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST SIXTY-FIVE (65) FEET TO A POINT MARKED BY A STAKE; THENCE NORTH SEVENTY (70) DEGREES THIRTY-TWO (32) MINUTES ZERO (00) SECONDS EAST TWO HUNDRED TWELVE AND NINETY-SEVEN HUNDREDTHS (212.97) FEET TO A POINT ALONG THE LINE OF LAND NOW OR LATE OF FRANCES H. FAKE; THENCE ALONG THE LINE OF LAND NOW OR FORMERLY OF FRANCES H. FAKE, AFORESAID SOUTH EIGHT (8) DEGREES FIFTEEN(15) MINUTES ZERO (00) SECONDS EAST THIRTY.SEVEN AND THIRTY-TWO HUNDREDTHS (37.32) FEET TO A POINT MARKED BY AN IRON PIN AND WHICH POINT IS THE NORTHEAST CORNER OF LOT NO, 2 ON THE PLAN OF LOTS REFERRED TO HEREAFTER; THENCE ALONG THE DMDING LINE BETWEEN LOT NO. 1 AND LOT NO.2 SOUTH SIXTY-TWO ((iZ) DEGREES THIRTY (30) MINUTES ZERO (00) SECONDS WEST ONE HUNDRED NINETY- EIGHT AND SIXTY-TWO HUNDREDTHS (198.62) FEET TO A POINT. THE PLACE OF BEGINNING. BEING LOT NO.1 ON SUBDIVISION PLAN PREPARED BY EARL D, PALM AND SONS, DATED FEBRUARY 7,1973. THIS PLAN APPEARS OF RECORD IN CUMBERLAND COUNTY PLAN BOOK 23, PAGE 145. ~~~~~~~~~_~~____~_____~~~___~=~~~~~~=~~~~==~=============~=z~~~~====== 0 ....> Q. = <;;. "'" <J' :;l,..,-, Gl ~ <- E p trt ~;:2. rll? 1 -r'\ 11'1 - -:{"l"J \\-- Y"t v:> (-:~l. ,,~),y. ,R " -.:> .<:--n If1 :J~ '~1c) - ~ :;;rn '" 0 0:? :.:::\ ,.!'""' V\ ~ .r=- ~ ..0 v:> ..c -c::: ~ ~ ~ -F - -- 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 COUNTRYWIDE HOME LOANS SERVICING LP FIKlA COUNTRYWIDE HOME LOANS, INC. 7105 Corporate Drive PTX 8-35 Piano, TX 75024-3632 Plaintiff V5. REBECCA A. SUSAVIDGE BRYAN S. SUSAVlDGE (Mortgagor(s) and Record owner(s)) 804 South Humer Street Enola, PA 17025 IN THE COURT OF COMMON PLEAS of Cumberland County No. 05-304O-CIVIL PRAECIPE TO DISCON'l'INOI!: AND~ TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. ;JI~ JOSEPH A. GOLDE.ECK, JR., ESQUIRE ...., ~ """ = """ <- .-\ :1:: -r, c:.: n'\~::..:, r-~ -,j~:-'\ u:> 9,~; :r.:"'" ,.~-: .~-' -', -,. \.~' :;;;c Sff\ :;_:~ ,,0 ...1 ."f':;'" J}, ..) <Jl -- - ......:;: