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HomeMy WebLinkAbout05-3158 o Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 7 102 717.234.4178 mtg@pkh.com 0.5- - 3/.5 ~ ~,J~ WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE CHRISTINA D. SHEAFFER Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO 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 A VISO 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 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 CUALQUlER 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 NOTIFICARJO, 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, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LA WYER 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 W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE vs. CHRISTINA D. SHEAFFER Defendant 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 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 ofthe 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 l7l9 North Front Street Harrisburg, P A l7l02 (7l7) 234-4l78 Attorney LD.# l5700 Attorney for Plaintiff W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE OS- 3155 ~..J~ CHRISTINA D. SHEAFFER Defendant COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April l, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of211 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA l7l01. 2. Defendant, CHRISTINA D, SHEAFFER, is an adult individual whose last known address is 39 SOUTH 8TH STREET, LEMOYNE, PENNSYLVANIA l7043. 3. On or about, November l3, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of$57,600.00 payable to GMAC MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment ofthe same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office ofthe within County and Commonwealth in Mortgage Book 1352, Page 205 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MELLON BANK, N.A. (AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY) and was recorded in the aforesaid County in Mortgage Book 535, Page 90. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 618, Page 589. The Said Mortgage was subsequently assigned to W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 39 SOUTH 8TH STREET, LEMOYNE, PENNSYLVANIA l7043 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February Ol, 2005 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $47, l83.03 Interest at $9.57 per day From 01/01/2005 To 07/01/2005 (based on contract rate of7.3000%) $l,732.17 Late Charges $19,74 From 02/01/2005 to 07/01/2005 $118.44 Escrow Balance $149.27 Attorney's Fee at 5% of Principal Balance $2,359.15 TOTAL $51,542.06 **Together with interest at the per diem rate noted above after July 0 l, 2005 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 ofa third party purchaser at Sheriffs Sale. !fthe 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. 9. 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. lO. 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. Plaintiff has complied with the procedures required by Pennsylvania Act 9l of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant have either failed to meet the limitations as set forth therein or have 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 7.3000% ($9.57 per diem), together with other charges and By: d for foreclosure and sale of costs including escrow advances incidental thereto to the date of Sheriff s Sa the property within described. PURC Leo aller, Esquire Attorney for Plaintiff LD. # l5700 l7l9 N. Front Street Harrisburg, PA 17102 (7l7 -234-4l78) VERIFICA TlON Anthony J, Julian hereby states that he is the Director of Accounting and Loan Servicing 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, infonnation 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, ~Jr~ Anthony J. Julian Director of Accounting and Loan Servicing Date: 06-17-05 'IUUI'w.VAM/A HOUSINo PlNANal lIllRVJCINo AGENT POll. WArounu.. AGENcY NA11ONAI. A~. '~nv.U\ BANlt, MAl'JONAL """"""",nON FIf{JA FIRST lJNI<>>t __ BANl;, AS SUCCEsSOR 1Jl.USlllR --YLVANIA HOU&1NO !>!NAMCI! AGl!J.Iie'fP<JA (~41S63 NOTE LOAN NO: 458260809 November 13, 1996 [Da.\e] Harrisburg ICity) Pennsylvania. IState) 39 S 8th Street, Lemoyne, FA 17043 {Property Address} I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 57,600.00 "principal"), plus interest, to the order of the Lender, The Lender is GMAC Mortgage Corporation I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.. 2, INTEREST . Interest win be charged on unpaid principal until the full amount of principal bas been paid. I will pay interest at a yearly rate. of ? 300 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS , (A) Time andPla<< of Payments, ' ' . I will pay prlneipai and IntereSt by ~ng payments every month. I will make my monthly payments on the 1st day of each month begiDDing on January , 1997 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on December 1 , 2026 , I still owe amounts under this Note, I win pay those amounts in full on that date, which is called the "Maturity Date. " I will m.a.ke my monthly payments at 100 Witmer Road, P.O. Box 963. Harsham, PA 19044 or at a different place if required by the Note Holder. (B) Amount of Mnnthly Payments My monthly payment will be in the amount ofD.S. $ 394.89 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment. . When [make a prepayment. I win tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepaymentS without paying any prepayment cbarge. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a'law, which applies to this loan and which sets maximum loon charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge sball be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) an)' sums already collected from me which exceeded permitted limits will be refunded to JOe. The Note Holder may choose to make this refund by reducing the principall owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder bas not received the full aDlOUDt of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Defanlt If I do not pay the full amount of each monthly payment on the date it is due. r will be in default. (C) Notice nf Defanlt If I am in default, the Note Holder may send me a written notice telling me that if r do not pay the overdue amount by a certain date. the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that alnount. That date must be at least 30 days after the date on which the notice is delivered or mailed to mc. (D) N. Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Hnlder's Costs and Expenses If the Note Holder has required me to pay immediately in fun as described above. the Note Holder will have the right to be paid back by IJle for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include. for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different addIess if I give the Note Holder a notice of my different address. (this amount is Called MULTISTATE FIXED RATE NOTE. Singhl Family. Fannie Maelfreddie Mec Unifnul'l Instrument GMACM. CNM,0061.fiX 1l404J P496 t <>f 2 Form 32U;~ Inltl",ll: :35605 EXHIBIT A - LOAN NO: 458260809 Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGA nONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated 10 keep all of the promises made in this Note, including the promise 10 pay the full amount owed. Any person who is a guarantor, surety or endorser of 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 this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. ~Presentment~ means the right to require the Note Holder to demand payment of amounts due. ~Notice of dishonor~ means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument~), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instnunent describes how and under what conditions I may be required to make itnmediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer or the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate paytDent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. J....'~.,J~ ~ ~. Christina D. Sheaffer (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Original Only] "Pa)' without rccOUlle 10 th M II B under a Trust lnde e e on ant. N.A.. as Successor Trnstee dated as of APrillmr9r:~20'~blhe PennCS}'lvania Boo sing Fin~nce Agency , Mangage CorporallOQ =-~ 'l111c GMACM . CNM,0061 .AX {9404\ f1 ",,) PIIll1l2ot2 ./"":I , I Form 3200 12/83 ! _.-, ~ .... / ....... '. .. , '. ~l! ~~At e:A:AIN :<<~l <<<<t~to li.:ed ~elo~, co~.i.ti~; of ~~:ad ~:.ot."t l'AAC. )/0...1 r . ALL ~&t lo~ c! lan4 'Lt~l~. 1ft ~h. 'o:c~~h o! tc~oy~., eU~e~14~d Co~r.tYI '.r.~.ylvar.i. in a ?lan 0: lQta known .a Pl~r. No.6 of North Riverton, ~r.d xno~r. .. tot No. ~~ in aaid plan, a.14 lot frontin~ thirtY-fiva (15) taat Qn the ve':<<rn aida of DA1~~Yanua and aKtor.dinq bAck in . ve.early diraction to a tvonty 1201 taat vi4. .11oYI tho line bet~aQn said lot 'No, H ."d lot !:o, 43 in s.id ph" !lein; o"e hundred &n4 .ix(y-three (1'1) fa<<:, =ora or l..s, and tha lino 4ividin; ..id lot NO. ~~ from 10: No, ~5 in .aid plAn. havinq a lanith of ana hundrod and fifty-four (154) feet, mora or lea., al by r.!.rance to a.ld plan it vill more fully and at lar;o .ppear, ' ~. NO. 21 . ALL ~~.t lot of land .i:u-:a in tho aorou~h of L4~oyne, formerly Town.hip of Sa.t 'annsboro, county of Cumberland .nd 'tat. of Pann.ylvania, mora p.rtic~larly bounded and daacrib.d aa follow., to "it 1 StINe Lot No. .5 in tha ,lan o! Let& known aa Plan No.. , of North RiVerton. whioh laid plAn il duly reoor4ed in tho ~.aarder'a otfica ae Clr1iale, PennsylvAnia, in 'lan !oo~ 1, pavo 101. 'ai4 lot No. 45 fron~ini ~hirty-fiva (3'1 fo.t on the ~o.tern line of Dale AY.n~a and .~tandl back to a tv.nty (20) foot "ido olloy. Tho northern lina of &.i4 lot bet~lan totl NOI. 44 and 4' hovini . leni~h Of on. hundrad an4 fifty-four (154) fOlt, ~or. or 1..&, an the louthorn line of .aid tOt No. 45 bst~..n toe. No~. 46 and .5 havinq I lon,th of ono hUndr.d In4 fortY-fivo (1(5) feet, ~oro or loal, aa by referanc. to laid ,lln. it ~ill mora fully and It lario appoar. RAY1~O ~%~ON t~tCTZ~ a ona an4 one-half .tory frama dwellini nOU.a .n4 t~o air ,are9o. known aa No. 31 'outh ziinth .treo~, Lor.ayna, ,enlllylv.nie. 1'RAC'! NO. J t ALL that lot of lln4 .itu.ca in the lorouih ot Lo~oyn., Cumberland Coun~y, 'onn.ylv1ni., and.bain~ tat Woo 46 in the 'lan ot Lota knoun aa 'lan No.6. Worth ~ive.ton. 'ennoylvenia, .114 pllll'b.in, duly reaord.d in the ~eaorder'. Of!i:a of Carli.la, pannaylvanie in 'lan loOk 1. ,a,1 101. laid tot No.4' beinq lituato on the corner of Dal. Avenue and . twenty (~o) foot wido allay, frontin, e1ihtaon (111 feat an Dal. Avonue and IxC.",Uni back ...Hh. an 1"oreaa.1,,'1 .,i4th ~ a t.,.n.ty 1;0) foot allo)' on the raa: and hlvini a f:ontA,. an the rear of the t".nty (;01 toot allay of ~i~tY-twO (62) teot, ~r. or la.s, a~d havi"~ . front.;e on tha .o~thorn boundary of a~i~ Lot No. 46 of o~. hundrad :~iz:v-.!q~~ f13SJ !eQt, l-~=O e= le.., Ana tho line div1di~9 Lot ~o. ~! o~.'&1~ yl&n h~vini 4 loni~~ o! one hundr.d :crty-!iv~ (1(5) r..c, more 0: 1..., a. by reference :0 .aid pla" it will more fully and .t la:io appo~:, lITXHil]lrr _lj '. . . i I ; , f ~--. j ! I t ! I I I- I ~ ~. r , . () c.~_ ,-, c~ '~:;; ~ !'-, co ~' " -D ...- ~ y'; r:-? c~) 0" ~ f) ~\1\ '^ - - \ . 0"- 0 0\ 0 -4 -( V E)' L..\ 1...\ r o -n .-t :C-r"; file _1")\1-' -,'1' ~>:-~ ~<A ( )--z: ;~, (,''; o " ~.\ ~"5 .< . . Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com WACHOVIA BANK, NATIONAL ASSOCIA- TION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. NO. 2005 - 03158 CHRISTINA D. SHEAFFER, Defendant IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. BY: Leon P. Halle Attorney for ID #15700 laintiff DATE: May 11. 2006 (") C <: a3t~; ot:;............'__ .L r.' (f~ ~':. ~c.:. > j;:'e::' ~ ~ = <:;;:;) c;r. :JI: ::> -< o " :r n,:n -ofTi :09 C:')h ::..;;:J "-f'; >l;.- to! ~3o om ~ -< -.J " ::s: w o &'"