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Home My WebLink About02-4649MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Homeside Lending, Inc. 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. BRIAN R. LORENZ A/K/A BRIAN ROSS LORENZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 a~er the Complaint and notice are served, by entering a writXen 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 ~laim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights maportant 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. PAKA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FOR/vIA 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, DEClDIR 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 SHERIFF'S RETURN CASE NO: 2002-04649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LORENZ BRIAN R AKA BRIAN ROSS RONALD HOOVER ' Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE LORENZ BRIAN R AKA BRIAN ROSS LORENZ - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 4215 NANTUCKET ROAD at 0935:00 HOURS, on the 30th day of September, 2002 MECHA_NICSBURG, PA 17055 by handing to CURRENT OCCUPANT BRIAN CHESTNUT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this // ~ day of 0~. ~%~2~ A.D. /P~othonot ary So Answers: R. Thomas Kline 10/04/2002 PURCELL KRUG HALLER Deputy Sheriff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, c/o Homeside Lending, Inc. 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. BRIAN R. LORENZ A/K/A BRIAN ROSS LORENZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE ; 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 port/on 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 fi'om the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC, c/o Homeside Lending, Inc. 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. BRIAN R. LORENZ 3dK/A BRIAN ROSS LORENZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : : COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, BRIAN R. LORENZ A/K/A BRIAN ROSS LORENZ, is an adult individual, whose last known address is 4215 NANTUCKET DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. On or about, September 28, 1995, the said Defendant, executed and delivered a Mortgage Note in the sum of $104,900.00 payable to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP. The Said Note is not accessible to Plalntiffand is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendant. Plaintiff also avers that the within Mortgage foreclosure company is based upon the Mortgage and that the attachment o£a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. 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 1284, Page 761 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. and recorded in the aforesaid County in Mortgage Book 679, Page 2845. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Homeside Lending, Inc., its Successors and Assigns. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 4215 NANTUCKET DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $21.47 per day From 02/01/2002 To 10/01/2002 ( based on contract rate of 8.000%) Accumulated Late Charges Late Charges $37.55 From 03/01/2002 to 10/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $97,958.14 $5,861.30 $225.30 $337.94 $942.75 $4,897.91 $110,223.34 **Together with interest at the per diem rate noted above after October 01, 2002 and other charges and costs to date 0f 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 Sher/ff'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. 9. Notice of intention to foreclose 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 him 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, Plaintiffdemands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($21.47 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: ~~~ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) JU~ ~tt~T ¢lRTAZN lot or tract of ground situate in Hampden bounded and deocribed a. fOllOWS, tO wit: along said right of way kine hy a curve to tho left, said curve having a radius of one hundred thirty-seven (137,00') feet end No. 60 and partly through a partition wall South fift¥-thrpe and partly through a partition wall North fir=y-three degrees eight¥-o~e and forty-seven hundredths (181.47') feet to s point, B£IMQ ~ot No. $~ on & Plan o~ Beaumont Square, recorded in Plan DiSen=o, hie wife, by their deed dated February 28, 199~ and 829, granted and conveyed unto Debora~ S. Road. Recorder ol~ Deeds COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated 25. 2002 Title Tracy'Johnson Vice PrUdent MORTGAGE ELECTRONIC REGIS- TRATION SYSTEMS, INC., c/o Homeside Lending, Inc. 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. BRIAN R. LORENZ A/K/A BRIAN ROSS LORENZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4649 Civil IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER BY:'~ ID #15700 Attorney~for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 8, 2002