HomeMy WebLinkAbout94-01581
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COMMONWEALTH FEDERAL SAVINGS
AND LOAN ASSOCIATION OF
NORRISTOWN, PA,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
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: NO.
q4- /S'21
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DALE A. BAIR and NANCY A. HERTZ
a/k/a NANCY A. BAIR CIVIL ACTION - LAW
Defendants : IN MORTGAGE FORECLOSURE
NOTICB
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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE
FORTH B~OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOT
SET
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3387
(717) 240 6200
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NOT I C I A
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demand a y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. See avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion Y por cualquier queja 0 alivio que es pedido en la
peticion de demanda. usted puede perder dinero 0 sus propiedades 0
otros derechos importantes para usted.
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~LEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE
A:~~A~~ ~ ~~ :~ ~i~~:L g~N~~~ SUFICIENTE DE PAGAR TAL SERVICIO.
~;~ ~~~EEs~RI A ABAjO :ARA ErONO A LA OFICINA CUYA DIRECCIONSE
UE T AVERIGUAR DONDE SE PUEDE CONSEGUIR
ARISTENCIA LEGAL.
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COURT HOUSE
SOUTH HANOVER STREET
CARLISLE, PA 17013
TELEPHONE (717)240-6200
~',... ._".,.~
COMMONWEALTH FEDERAL SAVINGS
AND LOAN ASSOCIATION OF
NORRISTOWN, PA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
~ NO. q 4 - 15 g )
C i ~,l Tu ((\
DALE A. BAIR and NANCY A. HERTZ
a/k/a NANCY A. BAIR
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
~ 0 M P L A I N T
1. plaintiff, COMMONWEALTH FEDERAL SAVINGS AND LOAN
ASSOCIATION OF NORRISTOWN, PA, is a corporation with a servicing
Agent of Lomas Mortgage, USA, Inc., with an office located at
1600 Viceroy Drive, post Office BoX 226407, Dallas, Texas 75222-6407.
2. Defendants, Dale A. Bair and Nancy A. Hertz a/k/a Nancy A.
Bair, are adult individuals whose last known address is 206 Hogestown
Road, Mechanicsburg, pennsylvania 17055.
3. on or about August 18, 1970, said Defendants executed and
delivered a Mortgage Note in the sum of $15,900.00 payable to Advance
Mortgage corporation, (original Mortgagee), a copy of 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 of the same,
Defendants 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
527, Page 1, conveying to original Mortgagee the subject premises.
The mortgage was assigned to central pennsylvania Savings
Association, as recorded in Book 191, Page 766, on september 23,
1970. The Mortgage was further assigned to commonwealth Federal
Savings and Loan Association of Norristown, as recorded in Book 194,
Page 33, on May 3, 1971. Said Assignments of Mortgage are
incorporated herein by reference.
5. The land subject to the Mortgage is: 206 Hogestown Road,
Mechanicsburg, Pennsylvania 17055 and is more particularly described
in Exhibit "B" attached hereto.
6. The said Defendants are the real owners of the land
subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagors
have failed to pay the installment due on June 1, 1993 and all
subsequent installments thereon, and the following amounts are due on
the Mortgage:
(a) Unpaid principal balance $
(b) Interest at $1.88 per day
from 5/1/93 to 3/28/94
(based on contract rate of 8.5%)
(c) Late Charges at $4.25 per
month for 3 months;
Late Charges at $4.62 per
month for 7 months
7,975.17
624.16
45.09
(d) Escrow deficit
(e) 5% Attorney's Commission
468.38
455.64
TOTAL
$
9,568.33*
*Together with interest at the per diem rate noted in (b) above after
March 28, 1994 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.
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8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of intention to foreclose and to accelerate the
loan balance has been given to the Mortgagors in accordance with
section 403 of pennsylvania Act No.6 of 1974, but the Mortgagors
have failed to reinstate the Mortgage in accordance with the
provisions thereof. A copy of the Notice is attached hereto and made
a part hereof as Exhibit "C".
10. Defendants are not members of the Armed Forces of the
united states of America, nor engaged in any way which would bring
them within the Soldiers and Sailors Relief Act of 1940, as amended.
11. The subject Mortgage is insured by the Federal Housing
Administration under Title II of the National Housing Act (12
U.S.C.A. section 707 - 1715z11) and therefore does not fall within
the provisions of Pa. Act 91 of 1983 (HomeoWners' Emergency
Assistance Act of 1983).
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure
against Defendants for the aforementioned total amount due together
with interest at the rate of 8.5% ($1.88 per diem), together with
other charges and costs including escrow advances incidental thereto
to the date of Sheriff's Sale and for foreclosure and sale of the
property within described.
By
Leon P. Haller
Attorney for plaintiff
1. D. #15700
1719 N. Front Street
HarriSburg, PA. 17102
(717) 234-4178
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AHC' 12-09.."9'
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'M" Uti 110.
NOTE
'641-111112-201
I IS .900.00
Rartlaburl
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FOR VALUE RECEIVED,th. und'fllp.d, DALI A. IAII AND l'CAHCY A. Hnn
. h..lutt" ulld thl }I.ket_ jointl, lad ....'.11,
p.o_I... to pi' 10 ADYAIfCI 1tOlt'CAG1 COUOUTION (A Ddavan Corpornton)
. . COtfM)"tion Olllftiud and utili", under lh.
I,., or 11tI STAn or DELAVAU or ord.r, h.,.lndtlr dllip'ltd .. thl PI''', the pritlci.
fillllll or PUTlE" THOUSAND MINI HUHDUD AND HO/100.......----....---..........0011.r.
S 1'.900.00 ) .Ilh hntrll' (rom dall.t lh. fit. or lIen AND ONl-1W.F ptr
C.nIUIII ( e~ ~) per Ir"una on lh. unpaid balanc. until paid. 'Th. ,lid principal .nd lI11erUI
.h,1l be payabl. It ,h. orne. or ADVAHCI HDltCJ.C1 COUOIA'flON
In DItIOIT 26. KlCltICAM . or I' ....eh olh" plae.
.. th. hold.r ml' dellpll' I, wrilllll, ill monthl, in'llllmn.. or OK! HUHDIED tvtm.nro AND
21/100.........................--..... Dolllr. (S 122.27 ), commendnl on Ih, firlll:tn 01
October . 19 70, and on Ih. fir'l dl' 01 .Ich IDOIIlh lhernfl.r Ilnlillb. principlllftd in.
I.rell .rt MI, paid, UC'Pllhal th. nllll paymenl 01 lhe .nlire IlId.bleda... .wid.nced hettb.... il nOI
.ooaer Plld, ,hln b. due an4 payabl. oa lh. firll da, 01 S.ptnbtC' , 2000
Priwll... Is rtllrwed 10 pay lh. debt III whol. or in an amollnl .qulllO oat or 1II0tt monchl... pa,.
llIall OIIlh, priaclp.l neal dllt, oa Ih. Or'l dl' 01 any monlh prior 10 trIllunlY Ilpoft allell. thi"~ 1301
d',I' prior _riUta nOllce 10 lhe holder.
Sillluh.a,oll,II wilh Ih, uecution or lhls :'<iOI. Ih. >>,ker h.. .ncllled and deliwered to the Payee
a )4onl'" IIClltl Upoll cenlln ptlllli... aUn,.d In Ih. COUIU, or CUHlDL\.'CD ,
CoIIIIIIDllw..hb or P,nuylwlnl., mati panicul.rly de.crib.d III Ib, Monl.... All 01 Ih, tenn., cowe.
n.nll, prowl.ioal, conditlonl, llipulaliona .nd 'I"'elll.nt. conlalntel in lIid \lonl'''' 10 be llept .nd
perlOf1Dtd bylh. >>aker ....h.rab' mad.. part or IhI. NOI. 10 ,h, lime ul.nt'lnd .i,h Ihe SlID. (Otc.
a..d ell,cl .. illhe, ..... full, HI lonh h.raie, .nd Ih. M.ker connUII ud 'p" 10 p,rlorm .h,
lime. or cau' the 11m. 10 b. kePI lAd ptrlonn,d, Ilrlcd, I.. Iccord.nc,",,,lth the t.rml Ind pmwi.
Ilou Ihlreor. . \
Th, .hole or Ih, princlp.llum Of aay part Ihereor. and or .ay odler 11111I1 sf 1II0nu Iecul'1:d by the
Mon.... ",en to IIcure tllll Not., Ihall. ronh"ith, II the opdon or lh. P.ye. or any lubuqvenl
holder hereor. becOlft. due Ind p'Ylbl. IlIIIIIedlll.ly, .Ilholll nodc. or d.maad, II d,Iault be mlde In
.ny payment under lhla Nott, and 11th. derluh lt nOI mid. pod prior to the due d.l. olch. aUI luch
In"IUmenl; or upon th. h.ppeninl or any d.r..lt "Meh, by Ih. lena. 01 Ih. ~onll" Ilwen 10 "C\ate
Ihll NOI', Ih.1l entlll. Ih. Plyee or any lubllqyenl holder hereol, 10 decllre the lime, or an~ pa"
th.reor, 10 be due Ind pa,lble,
ne )f.k.r do.. hereb, etllpOW., an, Inome, or .ay coun of record "Ilhin lhe l:nilld Slltn or
.Isewhere to Ippelr ror h, with or "lthoul . declarallon nt.d, .nd cantu a judptnl or judlmenu
'Ialnll II In f"or 01 lhe PI'1lt or any avb.tqyeal holder hereor. .. or In, t.rm, lotlhe enti~ unpaid
principII or Ihlt NOI.. and IU elher IUlna paid by the helder h.reor 10 or oa b.h.1I or Ihe "ta.ft purlu'
.nl 10 Iht lerms of thl. NOlt or ..Id !lion...., and .11 .m.r.... or I"l,relllhtreoa, 10lfther _ilh
COlli of lull, luom'YI' comml..ion or five (5) ~ (or coU.clloa, and. ,.1.... 01 all errors.
on which Judp.nl ueeudon or uecudonl m., luut lonhwlth. The Maker hertb, "Ii,.. lhe nlht 01
Inqulthion on IU propenyltwled upon 10 coll,cl lh. Ind.bl.dnlll ewidueeli h.rtby and dQU "olun.
Ilrily cond.llln the ..me and aUlhoril" Ih. Prolhonol.ry 10 enllr .uch condemnalloa, .nd .aiwu .nd
rele.... aU 1..1. now in loree or here.ller enacted, ralalinllo uemplion, Ippralstmenl or Ita' 01
'"cutloa.
Th. 'INelllenla herein contaln.d Ih.1I bind, .nd Ih. benen" and .d,.nlarel ,h.1I in\lre 10. Ihe
relpecllw. lUec...otl and ....11". or the plnl.. herelo. Wherewer used. the liDIYI.r number ,h. II
include Ihe plural, lhe plurallh. .Inrular. and lh, Ult 01 any lender Ih.1l be .ppllc.ble 10 .II,uden.
IN WITNESS WHEREOr, the M.ker h.. caused lhe.e pl'1:lttltl to b, ell(uled \lftder 1..1 Ihe d.,
.nd ,ear nr" .bow. "rlnen.
Slln.d. a..l,d 1n the Jr...nc. ofl
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70
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MORTGAGE
THIII"DIlHTURI, .... la' .,.'.le'd Into Ihll
1Ir..' ..lw'l..
DAIZ A, BAa AJID NAIlCT A. IInTZ
(h."luh.,
wlatth.. on. Of aOll. _ilh thllr...,.. IIKvton, .4mlnllt~"Of...nd .ulpl. Cllled th, MortIApr). Illd
"",a
,,,01
AUlult
,.9 70
ADYAMCI IlOUCACI COUOlAtlOH (A Delavan Corporation)
.d nllunl'nder Ih, I.... of THI stATZ or DELAVAU:
... "'''la,llI: ,riIlet,.. altic, lId pHI oUlc. MII,.III. 'irle "acloul lul1du.. Detroit 26.
Klchl,la (h"'1II11t" _nil UI Illeen,Of' In' ..Ill'll called u.. Mottl"n).
. . corporlUonorlaalll'd
1'ITHUIITH.lha, 10 'KUr. Ih. p.,.... of rImEN ntOUSAND NINE HUlmIED AND 110/100..........
--...----------...---...-----.-.-0011.,' jS 15.'00.00 ). with Inl.,.&1 hos dll', II dl. rlt.
of EICIIt AND ONl-lIAU' pft CIIntu. (alJ ~) pe, aMllS 011 lll. unpal' balln:. unul pill!, II pro.
.,111" lA. nOI. of '''''' dill he,..Uh, '11' ptinclp.1 .ftd Iftltffll b'lll' p.,.W. .1 the office of
AD'AItCE HJtt'CAC1 COUOIAtlOH 1ft
DEtlOlT 26. KICHlOAH . Of .( .uch othll pl.ce .. m. holder ..,. dnjln'l. III -nllfta. In
IlOfIlhI, In'l.n..nt. of ONl HUNDRED TWZm.TVO AND 27/100............................1>011."
CS 122.27 ), co_.ncln, Oft Ua. firll day of October , 1970 ,lftd Ol'l
lh. (lnl d., of ..ch BIOlllb thll..ftll ufl:Jl,h. prlnclp.1 .nd 11111.11 II. filII, p.ld, uup! t".llh. ,.11.1 ")'Mnl of
,rlaei,.! .l'Id Inl.,..I, if nol looall P'ld, Ih.1I b. dll..1Id 'lJ.bl. 011 th. fir" d., of S.pt.-ar
2000, Itld .1.0 to ..cvr'lh. ,.dollll.nce of .11 cow.n'l'It. Iftd .If....nt. he,.i11 COttt.ined, don by U1n. ~r'''ntl
lIar,.ln, ..U. clv., 11'8111, Itld CoftVl)' to ,h. Mort",... ALL Ih. 101l0w.II&-4nc""" ,.11 Ullt. IUII.I. 1ft tll.
Tow.hip 01 Silver Sprina . County of Cumberland
tnd Co_onw..ld! of P'MI)'lwIlIlt; to wit;
ALL THAT CEltAtN loe of Iround .ituat. in Sil..r SpriDI Tovnlhip, CuDb.rland County.
'.DD.,lvlaia. ~r' plrtlcullrly bouQd.d Ind dllcribld ia accordlac. vith I IUrv.y by C.
J. .Ita. a. S. datld AUlule 3. 1970 .1 follow..
lta1HH1Ha at a polAt 10 th, clat.r 11nl of thl public ro.d 11.dlal from Haehlale.burl
to HoI..tovn at cornlr of l.adl of licbard J. Scott and r., A. Scott, hil Vifl; thlaCI
aloal the clat.r ltDl of thl .forl.lld public road North 55 dl.rl.. VI.t 100 f..t to a
point 10 the c.nt.r l1a. of .Iid public raid ae cora.r of l.ad, of DrYilll Vl.l; th.ncI
alonl laQdI of OrviU. Wi.. IIonh 3S dl.r... 45 alaull. latt 530.65 flit to . .uk. at
Un. of laod. of Wilbur Ward; thence alonl lt~. of land. of .atd VUbur Ward South 55
dllr... lalt 100 f..t to a Itake .t caratI' of landl of lieher' J. Scotc aa4 ,ay A.
Scott, hi. vif.; th.ac. alool laadl of .aid Richard J. Scott and ,ay A. Scott, hi. vlf.,
South 35 dllr.la 45 .tRut.. Vt.e 530.65 f..t to . pOlat la the c.nt.r of the
.for..aid public road. the pile. of IECtNN1HO.
CONtAlNIHC 1.22 acr'l of land.
HAYlNQ tH!l!OK IlECTED a dv.llinl hou.. knova at numblred 206 Holttcava load.
IUJrIC tHI SAKI: f'IEHlsa WHICH lob.n W. V.aver aDd VlDUred a. v....;. hll "U" Iranud.
and coav.y.' unto Dall A. lair and teancy A, Berti, by D..d daud ~'oI";,',7(
and int.nd.' to b. htrewith rleord.d.
Thi. 1. a pureba.. moD'y mortl'I',
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1001. 527 rm 1
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II
LOMAS MORTGAGE USA
Lo~as Mortgoge USA
P.O. Box 227437
Dallas. TX 75222-7437
1-800-231-0000
October 7. 1993
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
Under Section 403 of Psnnsylvania Act No. 6 of 1974
....................................................................
RE: Mortgage Loan Number 023786561
Dale A. Ba1r
206 Hog8stown Rd
Mechanicaburg. Pa 17055-3118
Certified Mail #P 248 135 926
The mortgage held by LOKAS MORTGAGE USA (hereafter we, us or ours) on your
property located at:
206 Hogestown Rd
Mechanicsburg. Pa 17055-3118
ou have not made the monthl a ents as
noted below under (a) and or because you have failed to comply with or
perform the other provisions of the mortgage obligations. if any, as noted
below under (d). Previous late charges under (b) and other chorges, if any
under (c) noted below have also accrued to this dste.
THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTRER WORDS, GET
CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS NOTED BELOW
UNDER (e).
(a) 6/1/93 - 10/1/93 $230.91
Except for the payment change indicated below (if applicable).
(b) Accrued late charges: $42.14
(c) Other Charge(s)/Credits: Suspense Credits:
Escrow Short Pmts:
Inspection Fees:
NSF Check Fees:
$
14.00
0.00
0.00
(d) Other provisions of the mortgage obligation if any: $
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE: $1,210.69
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LOMAS ~IORTGAGE USA
,.........,,~l,...~.f_...l;"""
NOTICE OF INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 2
You mav cure this default within THIRTY 30 DAYS of the date of the
receipt of t is letter, y paying to us t e above amount of 1,21 .69, plus
any additional monthly payments and late charges which may fall due during
this period. Such payment ~ust be made either by cash, cashier's check,
certified check or money order, and mailed to Lomas Mortgage USA, P.O. Box
88000, Baltimore, Maryland 21288-0001.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to sccelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately end you may lose the chance to pay-off the original mortgage in
monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay-off
the mortgage debt. If we refer your csse to our attorneys, but you cure the
default before they begin legal proceedings against you, you will still
have to pay reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to
pay reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also
include our ressonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the
unpaid monthly payments ~luB any late or other charges then due, as well as
the reasonable attorney s fees and costs connected with the foreclosure
sale (and perform any other requirements under the mortgage). It is
estimated that the earliest date that such a Sheriff's sale could be held
would be approximately four (4) months from the above date. A notice of
the 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 will
be by calling us at the following number: 1-800-231-0000. This payment
must be in cash, cashier's check, certified check or money order and made
payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live
in the property after the Sheriff's sale, a lawsuit could be started to
evict you.
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II
LOMAS ~IORTGAGE USA
'--"~!"~f_..l.i......,
NOTICE OF INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 3
You have additional rights to help protect your interest in the property.
'{OU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT. (YOU KAY 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 PAYMENTS, CHARGES, AND
ATTORNEY'S FEES 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 RIGHT TO
HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If YOU cure the default, the mortgage will be restored to the same position
as if no default had occurred. However, you are not entitled to this right
to cure your default more than three times in any calendar year.
Sincerely,
LOKAS MORTGAGE USA
dms1-penn-noi2
II
LOMAS MORTGAGE USA
,_.l..l.._h........'..'...
Lomas Mortgsge USA
P.O. Box 227437
Dallas, TX 75222-7437
1_800-231-0000
October 7, 1993
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
Under Ssction 403 of Pennsylvania Act No. 6 of 1974
....................................................................
RE: Mortgage Loan Number 023786561
Nancy ABair
206 Hogestown Rd
Mechanicsburg, Pa 17055-3118
Certified Mail Ip 248 135 927
The mortgage held by LOKAS MORTGAGE USA (hereafter we, us or ours) on your
property located at:
206 Hogestown Rd
Mechanicsburg, Pa 17055-3118
IS IN SERIOUS DEFAULT because ou have not made the monthl a ents as
noted below under (a) and or because you have failed to comply with or
perform the other provisions of the mortgage obligations, if any, as noted
below under (d). Previous late charges under (b) and other charges, if any
under (c) noted below have also accrued to this date.
THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET
CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS NOTED BELOW
UNDER (e).
(a) 6/1/93 - 10/1/93 $230.91
Except for the payment change indicated below (if applicable).
(b) Accrued late charges: $42.14
(c) Other Charge(s)/Credits: Suspense Credits:
Escrow Short Pmts:
Inspection Fees:
NSF Check Pees:
$
14.00
0.00
0.00
(d) Other provisions of the mortgage obligation if any: $
(e) TOTAL MIOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE: $1,210.69
\.-...'...f".....".............,.....
II
LO~IAS ~IORTGAGE USA
NOTICE OF INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 2
You may cure this default within TIIIRTY (30) DAYS of the date of the
receipt of this letter, by paying to us the above amount of $1,ZI0.69, plus
any additional monthly payments and late charges which may fall due during
this period. Such payment must be made either by cash, cashier's check,
certified check or money order, and meiled to Lomas Mortgage USA, P.O. Box
88000, Baltimore, Maryland 21288-0001.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortga~e payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to pay-off the original mortgage in
monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgaged property will be sold by the Sheriff to pay-off
the mortgage debt. If we refer your case to our attorneys, but you cure the
default before they begin legal proceedings against you, you will still
have to pay reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to
pay reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also
include our ressonable costs. If you cure the default within the thirty
day period, you will not be reouired to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the
unpaid monthly payments ~lus any late or other charges then due, as well as
the reasonable attorney s fees and costs connected with the foreclosure
sale (and perform any other requirements under the mortgage). It is
estimated that the earliest date that such a Sheriff's sale could be held
would be approximately four (4) months from the above date. A notice of
the date of the Sheriff's ssle 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 will
be by calling us at the following number: 1-800-231-0000. This payment
must be in cash, cashier's check, certified check or money order and made
payable to us st the address stated above.
You should realize that a Sheriff's sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live
in the property after the Sheriff's sale, a lawouit could be started to
evict you.
II
LOMAS MORTGAGE USA
4__~I..~f_"'I"",
NOTICE OP INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 3
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 FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT. (YOU KAY 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 PAYMENTS, CHARGES, AND
ATTORNEY'S FEES 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 MIGBT EXIST). YOU HAVE THE RIGHT TO
HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to tha same position
as if no default had occurred. However, you are not entitled to this right
to cure your default more than three times in any calendar year.
Sincerely,
LOKAS MORTGAGE USA
dmsl-penn-noi2
'.~"'-""
II
LOMAS ~IORTGAGE USA
'~I'.ll11'L.r._"NfII"'\;"'"
Lomas Mortgage USA
P.O. Box 227437
Dallas, TX 75222-7437
1-800-231-0000
Oetober 7, 1993
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
Under Section 403 of Pennsylvania Act No. 6 of 1974
....................................................................
RE: Mortgage Loan Number 023786561
Nancy A Hertz
206 Hogestown Rd
Mechanicsburg. Pa 17055-3118
Certified Mail Ip 248 135 928
The mortgage held by LOMAS MORTGAGE USA (hereafter we, us or ours) on your
property located at:
206 Hogestown Rd
Mechanicsburg, Pa 17055-3118
ou have not made the monthl a ents as
noted below under (a) and or because you have failed to comp y wit or
perform the other provisions of the mortgage obligations, if any, as noted
below under (d). Previous late charges under (b) and other charges. if any
under (c) noted below have also accrued to this date.
THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET
CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER. IS NOTED BELOW
UNDER (e).
(a) 6/1/93 - 10/1/93 $230.91
Except for the payment change indicated below (if applicable).
(b) Accrued late charges: $42.14
(c) Other Charge(s)/Credits: Suspense Credits:
Escrow Short Pmts:
Inspection Fees:
NSP Check Fees:
$
14.00
0.00
0.00
(d) Other provisions of the mortgage obligation if any: $
(e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE: $1,210.69
II
LO~lAS ~IORTGAGE USA
,_ tllWL._f.--...."....
NOTICE OF INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 2
You may cure this default within THIRTY (30) DAYS of the date of the
receipt of this letter. by peying to U9 the above amount of $1,210.69, plua
any additional monthly peymenta and late charges which may fall due during
this period. Such payment must be made either by cash, cashier's check,
certified check or money order, and mailed to Lomas Mortgage USA, P.O. Box
88000, Baltimore, Maryland 21288-0001.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgege paymenta. This meens that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to pay-off the original mortgage in
monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed your mortgsged property will be sold by the Sheriff to pay-off
the mortgage debt. If we refer your case to our attorneys, but you cure the
default before they begin legel proceedings against you, you will still
have to pay reasonable attorney's fees, actually incurred, up to $50.00.
However, if legal proceedings are sterted against you, you will have to
pay reasonable attorney's fees even if they are over $50.00. Any
attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the
unpaid monthly payments plus any late or other charges then due, as well as
the reasonable attorne 's fees and coets connected with the foreclosure
sale (and perform any other requirements under the mortgage. It is
estimated that the earliest date that such e Sheriff's sale could be held
would be approximately four (4) months from the above date. A notice of
the 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 will
be by calling us at the following number: 1-800-231-0000. This payment
must be in caeh, cashier's check, certified check or money order and made
payable to us at the address stated above.
You should realize that a
mortgaged property and your
in the property after the
evict you.
Sheriff's sale will end your ownership of the
right to remain in it. If you continue to live
Sheriff's sale, a lawsuit could be started to
"",~,..!'''''''':''''''''
111
LOMAS MORTGAGE USA
4.....,..U.~'_.~
NOTICE OF INTENTION TO FORECLOSE (Act 6)
October 7, 1993
Page 3
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGBT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW 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 PAYMENTS, CHARGES, AND
ATTORNEY'S PEES 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 MIGllT EXIST). YOU HAVE THE RIGHT TO
HAVE THIS DEPAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALP.
If YOU cure the default, the mortgage will be restored to the same position
as if no default had occurred. However, you are not entitled to this right
to cure your default more than three times in any calendar year.
Sincerely,
LOKAS MORTGAGE USA
dmsl-penn-noi2
t
,:
~
HRLLER
TEL:717-234-1206
COHP>>ff lWIBl IDIGS MQa'l.'GAOJ USA, INC.
VBRJ1Pt:(!A'l'IOR
Mar 18 94
8:09 No.OOl P.l0
.
I verify that the atat.aent. IIIlIde in the>> foregoing complaint
U. tru. and Clorrlat.
I und.~.tand that fal.e .tau.nt. heJ:8in u. made aubjaat
to the penalt1.. of 18 >>a. c.s. SeoUon 490& relating to un.worn
fal.1fiOat1on to autbor1t1...
nat.cla
~-IK 1(1/
By
Foreclosure Services
Title
a-B5"
717 234 1206
03-18-B4 07:07AM POlO ~13
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(
Commonweal.th Federal Savings and Loan
Association of Norristown, Pa.
vs
Dale A. Bair and Nancy A. Hertz
a/k/a Nancy'A. Bair
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-1581 Civil
Complaint in Mortgage Foreclosure
and Notice
Timothy Reitz, Deputy Sheriff, who being duly swo~n according
to law, says on April 4, 1994 at 3100 o'clock P.M., E.D.S.T., he
served a true copy of Complaint in Mortgage Foreclosure, in the
above entitled action upon one of the within named defendants, to
witl Dale A. Bair by making known unto Dale A. Bair by making
known unto Dale A. Bair at 206 Hogestown Road, Mechanicsburg,
Cumberland County, Pennsylvania, its contents and at the same time
handing to him personally the said true and attested copies of
the same.
Donald Harper, Deputy Sheriff, who being duly sworn according
to law, says on April 7, 1994 at 1131 o'clock P.M., E.D.S.T., he
served a true copy of Complaint in Mortgage Foreclosure, in the
above entitled action upon one of the within named defendants, to
witl Nancy A. Hertz a/k/a Nancy A. Bair by making known unto
Frank Piro live in boy friend of Nancy A. Hertz a/k/a Nancy A.
Bair at 301 St. Marks Rd., Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to him
personally the said true and attested copy of the same.
Sheriff's COStSI
Docketing
Service
Surcharge
18.00
11. 20
4.00
33.20 Pd. by Atty.
4-11-94
Sworn and subscribed to before me
this /,,(!,.,. day of '1,:1
1994, A. D. n,'-'f" (] )1, ';fI,.- J O.a:,
~, Prothonotary 7'
1:1'
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1
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So answers:
...,.......
.
.~. -'
'.
R. Thomas Kline, Sheriff
by ;:" :.~~ ~.7
~:~; ~~ff
by dh7L.//-J
/ ~,"~~~iff
Reitz
Harper
., . ."""
~... ....~1_._
COMMONWEALTH FEDERAL SAVINGS
AND LOAN ASSOCIATION OF
NORRISTOWN, PA
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. 94-1581
DALE A. BAIR AND NANCY A. HERTZ
A/K/A NANCY A. BAIR,
DEFENDANTS
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY:
Kindly Settle and Discontinue the above matter of record.
By:
P. Haller
ney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
. -
DATE: Aoril 22. 1994
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