HomeMy WebLinkAbout02-2703KIVITZ & KIVITZ, P.C.
BY: Jay E. Kivitz, Esquire
ID# 26769
7901 Ogontz Avenue
P.O. Box 27368
Philadelphia, PA 19118-0308
(215) 549-2525
Mortgage Electronic Registration
Systems, Inc. c/o Aurora Loan
Services, Inc.
601 Fifth Avenue
Scottsbluff, NE 69261
PLAINTIFF
v.
Tracy Eugene Springer
115 S. 16~ Street
Camp Hill, PA 17011
DEFENDANTS
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02.-Z7~3 ~ T'~--
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 THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 TA/~E 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR, 4TH FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA
(717) 240-6200
SHERIFF'S RETURN -
CASE NO: 2002-02703 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
SPRINGER TRACY EUGENE
REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SPRINGER TRACY EUGENE the
DEFENDANT , at 2030:00 HOURS,
at 115 S 16TH STREET
CAMP HILL, PA 17011
TRACY E SPRINGER
a true and attested copy of
on the 6th day of June , 2002
by handing to
COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /~ ~ day of
/P~othonotary
So Answers:
R. Thomas Kline
06/10/2002
KIVITZ & KIVITZ
By:
11. The following amounts are due on the mortgage:
Principal Balance
Information Certificate
Prothonotary - File Complaint
Escrow Deficit
Interest from 12/1/01 to 5/31/02
at $34.44 per diem
Late Fees Accrued from 1/1/02 to 5/31/02
at $54.09 per month
Uncollected Late Charges
Attorney's Fees (5%)
TOTAL .....
$141,714.58
325.00
45.50
692.62~
6,268.02
270.45
54.09
7,449.99
$156,820.25
12. 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
based on the work actually performed.
WHEREFORE, Plaintiff requests the Court to enter judgment of
mortgage foreclosure against the mortgaged property for the amount set
forth above, interest and late charges at the contract rate until the
date of Sheriff's Sale, foreclosure of said mortgage and a judicial sale
of the mortgaged premises.
KIVITZ & KIVITZ, P.C.
Att'orne~ for Plaintiff
VERIFICATION
Michael Headen being duly sworn according to law, deposes and says that I am
the Sr. lrtca President for the above named Plaintiff, that I am authorized to
take this verification on behalf ofthe Plaintiff, and that the statements made in the
foregoing pleading are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements h~rein are made subject
to the penalties
authorities.
of 18 PA C,S.
§4904 relating to
unswom falsification to
Michael Heactcn, Senior Vice President
SpringerLegal
ALL THAT LAND situate in the Borough of Camp Hill, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point 120 feet south from the southeast comer of Third and Sixteenth
(formerly Jackson) Streets; thence eastwardly 150 feet along the southern line of Lot No. 48 to a
point at a 20 foot wide alley; thence southwardly 40 feet along the western line of said alley to a
point; thence westwardly 150 feet along the northern line of Lot No. 50 to a point; thence
northwardly 40 feet along the eastern line of Sixteenth (formerly Jackson) Street to a point, the
place of BEGINNING.
BEING Lot No. 49 on a Plan of Lots known as Greater Harrisburg, Estate of Jackson Free,
recorded in Cumberland County Plan Book 1, Page 20.
BEING known and numbered as 115 South 16th Street, Camp Hill, Pennsylvania 17011.
BEING THE SAME PREMISES which Timothy W. Smith and Jill M. Smith, husband and wife,
by their deed intended to be recorded immediately prior hereto in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, transferred and conveyed unto Tracy Eugene
Springer, Mortgagor herein.
Exhibit "A"
384
j~~ 'AURORA
SERVICES
NATIONAL SERVICING CENTER
601 Fiftft Avenue · P.O. Box 170~ * Scorl.~blufl, NE 89353-170~ · Fax: $08.630-6700
March 29, 2002
0104154000 CL071 03-29-02
Tracy Eugene Springer
115 S 16th St
Camp Hill PA 17011
RE: Homeowner's Name(s):
Property Address:
Loan Acct.No.:
Current Lender/Servicer :
Tracy Eugene Springer
115 S 16th St
Camp Hill PA 17011
0104154000
Aurora Loan Services Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAV~ YOUR HOME FROM FORECLOSURE AND
HELP YOU MAK~ FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAy BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
* IP YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled
to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During this time you must arrange
and attend a "face-to-face, meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO
DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT,, EXPLAINS KOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSIIMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice,
the lender may NOT take action against you for thirty (30) days
after the date of this meeting. The names, addresses and telephone
numbers of designated consumer credit counseling agencies for the
county in which the propcrty is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face ~
meeting. Advis~ your lender immediately of your intentions.
IMPORTANT INFORMATION ON PAGE 4 (1) ~ ~
-'
$~¥1¢~$ ~1~¢
__NATIONAL SERVICING CENTER
801 ~ A~n~ · p 0 Box 17~ . ~,. ......
APPLICATION OR MORTGAGE ASSISTANCE - Your mortgage is''~ default
F .............. NE69363-?~6,F~.3~30~
for the reasons set forth later in this Notice (see following pages
for specific information about the nature of your default). If you
have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so,
you must fill out, sign and file a completed Homeowner,s Emergency
Assistance Program Application with one of the designated consumer
credit counselin~ agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for
the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days
of your face-to-face .meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO $O OR
IF YOU DO NOT FOLLOW THE OT~ER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOM~ IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance
are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania
~ousing Finance Agency has sixty (60) days to make a decision after
it receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by
=he Pennsylvania ~ousing Finance Agency of its decision on your
application.
~OW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
~ATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on
your property located at: 115 S 16th St
Cam~ Hill PA 17011
iS SERIOUSLY IN DEFAULT because:
YOU HAV~ NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Regular monthly payments of $ 13~2.32 for the months of
January 01, 2002 through today's date March 29, 2002
Other charges: Accrued late charges: $ 216.36
Less Suspense Balance: $ 340.09
TOT/LL AMOUNT PAST DUE: $ 3933.23 ..
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY
(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT
PAST DUE TO THE LENDER, WHICH IS $ 3933.23 PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TEE
THIRTY (30) DAY PERIOD. Payments must be made by cash, cashiers
check, certified check or money order made payable and sent to:
AURORA LOAN SERVICES iNC
Attn: Cashiering Dept
PO Box 5180
Denver, CO 80217-5180
CL071 (2)
ALS-01.1~/9~
'AURORA
SERVICES
NATIONAL SERVICING CENTER
601 ~ Avenue · P.O. Box 17~ . $~E$Olu~ NE 69353-17~ · F~: 308~30-6~0
YOU can cure any other default by taking the following action within
THIRTY (30) DAYS of the date of this Notice:
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this Notice, the lender
intends to exercise its right to accelerate the mortgage debt
considered due immediately, and you may lose the chance to pay the
mortgage in monthly installments. If full pasrment of the total
amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct'its attorneys to start legal action
to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON = The mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If the lender
refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney fees that were
actually incurred, up to $50.00. Mowever, if legal proceedings
are started against you, you will have to pay all reasonable attorney
fees actually incurred by the lender even if they exceed $50.00. Any
attorney fees will be added to the amount you owe the Lender , which
may also include other reasonable costs. If you cure the default
within the T~IRTY (30) DAY period, by paying all amounts due, you
will not be required to pay attorney fees.
OTHER LENDER REMEDIES - The lender may also start legal action
against you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have
not cured the default within the THIRTY (30) DAY period and
foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour
before the Sheriff's Sale. You may do so by paying the total
amount then past due, plus any late or other charges then due,
reasonable attorney fees and costs connected with the foreclosure
sale and other costs connected with the Sheriff's Sale as specified
in writing by the lender, and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in
this notice will restore your mortgage to the same position as if
you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SAL~ DATE - It is estimated that the
earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately ten (10) months from the date of
this Notice. A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You
may find out at any time exactly what the required payment or
action will be by contacting the lender.
CL072 (3)
ALSO1, 6~9
j~L~~A U R O R A ~
SEk¥1Ci$
NATIONAL SERVICING CENTER
601 F~th Avenue . P.O. Box 1706 · $cotlsDluff, NE $~$63.1705 · Fax; 308-630.6700
HOW TO CONTACT THE LENDER:
Name of Lender :
Address :
Phone Number
AURORA LOAN SERVICES INC
601 5th Avenue
P.O. Box 2056
Scottsbluff, NE 69361
(800) $50-0509
EFFECT OF SHERIFF'S SALE - You should realize Chat a Sheriff,s Sale
will end your ownership of the mortgaged property and your right
to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and
other belongings could b~ initiated by the lender at any time.
ASSUMPTION OF MORTGAGE - You ~ may or may not
sell or transfer your home 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 of the mortgage are satisfied.
YOU MAY ALSO 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.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT I-lAD OCCURRED, IF YOU CTIRE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TRAN THREE TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN AATY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INITIATED UNDER THE MORTGAGE
DOCUMeNTs.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UATDER THE FEDERAL BANKRUPTCY LAW.
(4)
ALS-01.6/99
'AUROPA
SERVICES J'-I~I C
NATIONAL SERVICING CENTER
601'FTfth Avenue · P,O, Box170~ ,, $cotlsbluff, NE 69363.1706 · Fax: 308.630.6700
You may f nd out at any time exactly what the required payment
will be by calling Aurora Loan Services Inc at the following
number: 800-550-0509.
This payment must be cash, cashiers check, certified check or
money order and made payable to Aurora Loan Services Inc and sent
to the address above.
You should realize that a Sheriff's or other similar official's
sale will end your ownerghip of the mortgaged property and your
right to remain in it. If you continue to live in the property
after the Sheriff's or other similar official's sale, a lawsuit
could be started to evict you.
You shall have the right to assert in the foreclosure proceedings,
the non-existence of a default or any other defense that you may
have to acceleration or foreclosure.
You have additional rights to help protect your interest in the
property.
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 pa~rments, 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 us to determine under what circumstances this right might
exist.
You have the rig,
acting on your b
If you cure the
position as if n
entitled to this
times in any cal
If you have any
to contact our o
Delinquency Contl
Aurora Loan Serv.
This is an atte~
be used for that
discharge in a b;
be an attempt to,
the property.
m
$
Postage
CerTified Fee
Return Receipt Fee
(Endorsement ReQuired) Pos3rnark
Restricted Delivery Fee Here
$
Total Postage & Fees
TF~CY EUGi~]NE SPRINGER
115 S 16TH ST
C~V~P ~IL]',, PA 17011
P~.~/X~I~%~B os ~o.,., s.~,=. Certified Mail Receipt
ALS.O/. 6/99
P~ge I o£$
APPENDIX A
Date:
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE*
This is an o. fficia-i-notice that the mortgage on your home is i- default~ and the lender intends to
foreclose. Spec~9 i~ti~ a~t i~'~~f the defau~ ~s orovide~ in the a~ach~ages.
~he ~OMEOWNER'S MORTGAGE ~SIST~CE PROG~~~) may be able to
help. to save your hom~ Th~ Notice explains how the pro,ram wor~. -'-
To~!~ i~HEM~P 9,~R hel. p~xg~ must MEET ~TH A CONSUMER C~DIT COUN~rr~
AGENCY WITItIN 30 DAYS OF THE DATE OF THIS NOTICE. T~ke ~his NoHce w~'v'~
...... ~h '~'Su'~ ~ '~ounselin~ Agency. '
The a~, address an~hone number of Consumer Credi~ Counselin~ Agencics se~d~g your
Cg~ED'..~.~"[]~c~-a~-~hc end of ~his ~otice. If ~ou have nay ques~ons, you may cai[ lhe
Pennsyl~a~j~. Housin~ Finance Agency toll free a~ 1-800-342-2397.(Persons with [~-~'~[~ed
This Notice contains important legal info~rmation. If you have any questions, representatives at
the Consumer Credit Counseling Ageocx may be able to help ex~lain it. You ma3, also want to
contact an attorney in your area, The'local-bar association may be able to help you find a
lawyer.
LA NOTIFICACION EN A. DJUNTO ES DE SUM. A I~I..PORTA.NCIA, PUES A.F'ECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPP, ENDE EL CONTEN£DO DE £STA NOTIFICACIOb/
OBTENGA UNA TRADUCCION INIV[EDITA.M~NTE LLAM.ANDO ESTA AGENCLA (PENNSYLVANIA
'HOUSING FINA~CF,,, AGENCY) SIN CARGOS AL NUMZRO M~NCIONADO A,RJZ.[BA. pLrEDES SER
ELEGIBLE PAPA UN PRESTAMO POR EL PROGRA~LA LLA.M.ADO "I'{OM~EOWN'ER'S EMERGENC'V
MORTGAGE ASSfSTA..NCE PROGP,,AM" EL CUA.L PUEDE SALVA..R SU C,~-SA DE LA PEIR.DIDA DEL
DER. ECHO A P~DII~J.R SU HIPOTECA,
· (Must be al leas{ 30 point lype)
APPENDIX C
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CP,.EDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
CCCS of Western Pennsylvania,/.nc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) $41-1757
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762.3255
Urban League of Metropolilan Harrisburg
N 6'~ Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
YWCA of Carlisle
301 G S~reet
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9559
Community Action Comm of the Capital Region
1514 Deny Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139--143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326