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HomeMy WebLinkAbout00-01055 .c ',II I&......~, I;~ , ! , HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~OOO - ION C~Ul"l Y€/u'1 VS. WILLIAM C. DYARMAN AND DEEDE L. DYARMAN Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE THIS LAW 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. NOT ICE 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 fo~ 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 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 Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Ro~, Carlisle, PA 17013 717-243-9400 AVISO LE RAN DEMANDADO A USTED EN LA CORTE.. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIOQUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA 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, DECIDIR 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 IlEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. S Irvine Ro~, Carlisle, PA 17013 717-243-9400 , I - ' , ,v. ~?' , , , .:1'''''''1 HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. WILLIAM C. DYSARMAN AND DEEDE L. DYARMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOW1NG 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 within the said thirty (30) day period that the aforesaid debt, or any portion 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 from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ,- =" ~ " '""~ " .'" .0".1' ~ 1If1W'",: HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. .;2f)-V"7 - JOSS" ~ ~ vs. WILLIAM C. DYARMAN AND DEEDE L. DYARMAN Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., is a corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, WILLIAM C. DYA~MAN, is an adult individual whose last known address is 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. Defendant, DEEDE L. DYARMAN, is an adult individual whose last known address is 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241. 3. On or about March 31, 1995, the said Defendants executed and delivered a Mortgage Note in the sum of $80,000.00 payable to BANCPLUS MORTGAGE CORP., 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 conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage Corp. Said Mortgage is incorporated herein by reference. , "~, <>0'1;".", '~ "'- 5. The land subject to the Mortgage is: 8 CEDAR STREET, NEWVILLE, PENNSYLVANIA 17241 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 October 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ (b) Interest at $20.15 per day from 9/1/99 to 3/1/00 (based on contract rate of 9.500%) 77,420.77 3,647.15 (c) Accumulated Late Charges 156.52 (d) Late charges at $29.82 per month for 6 months 178.92 (e) Escrow Deficit 84.38 (f) 5% Attorney's Commission 3,871.03 $ 85,358.77 *Together with interest at the per diem rate noted in (b) above after March 1, 2000 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. 8. No judgment has been entered upon said Mortgage in any jurisdiction. , ,,< ." I'~', ~'" 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. 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. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time 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 9.500% ($20.15 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. ByP~~G & ;LER Leon . Ha l~ Attorney for Plaintiff 1. D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 ~u ~.. " ,'_,'~'IL" ~'IiiJfij (~~.-._._.. --,.... p---. lOAN t:: i0848672 ;--. G)) o.~:"',- NOTE MARCH 31~ 1995 CAMP HILL __ (Oatel (Cit~)/ 8 CEDAR ST. . Ni:WVlllE, PA 17241 ./ (Property Address) PENNSYLVANIA (State) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. ~ 80 000 00- _ __ (this amount is called "principal"!. plus interest.. to the order of the lender.'The Lender is . BANCPLUS MORTGAGE CORP, . . 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." /- t2._.2 I --> __J I 2. INTEREST. . i:! Interest will be charged on unpaid prin . al until the paid 1 will pay interest at a yearly rate of 9.500-- __ %. The interest rate required by this Section 2 is the after any default described in Section 6(B) of this Note. full amount of principal has been rate I wi!l pay both before and ;.:, 3. PAYMENTS (A) Time and Place of Payments I rill ay principal and interest by making paYments every month. I w'make my monthly payments on the 1ST day of each month beginning on MAY . . . 1095 . I will make these payments every month until I have paid all o . the pnnc.p and interest a,,,d any ether charges d&scribed below that I may owe under this Note. monthly. payments will be Rpplied. to interest before principal. If, Of" APRIL 01.2025 ,I still owe amounts under this Note, I will pay those amounts in ull on that te.. which is called the "maturity date." I will make my monthly payments at 9601 MCALLISTER FREEWAY. SAN ANT.QNIO. TX 78216 or at a different place if required by the Note Holder. '. ~ 18) Amount of Monthly Payments . . My monthly payment will be in the amount of U.S: ~ 672..,lL9-." - -. . 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 I make a prepayment, I will tell the Note Holder in writing that 1 am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all 9f my prepayments to reduce the amount of principal that I owe under this Note. If 1 make a partial prepayment. there will be no changes in the clue date or in the amount. of my monthly payment unless the Note Holder agrees in writing to those changes. .~ ': .~~. . t:';'" !S. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges. :s 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 shall be reduced by the amount necessary to reduce the charge io the permitted limit; and liil any sums already collected from me which Axceeded permitted limits will be refund~d to me. MUl.TISTATE FIXED RATE NOTE- Single Family -FNMA/FHlMC UNIFORM INSTRUMENT Form 3200 12/83 l803 06/94 Page 1 of 3 l;'Xhll:1\t ''A I' llliJl.ll;~~ -',-- ,,'-~.I- , TI:a Nota Hoider may cho~se to make t"is refu~d by reducing ths principal I O'Cie u~~er thiS Note or by making a direct payment to me. If a refund reduces principal. the rejuct,co will be treated as a partial pi epayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED IA) Late Charge for Overdue Payments If the Note Holder has ~ot received the full amount of any monU11)' payment by thl end of FIFTEEN calendar days after the date it is due. I will pay a rate charge to the Note Holder. The amount of th~ ~harge wi!1 be POS!!!, _'___ per centur.1 (~o- _ _ _ _ r,) of my overdue payment of pnnclpal and lntereStl Will pay this late charge promptly but only once on each late payment. IBI Default If 1 do not pay the full amount of each monthly payment on the date it is due, J wil: be in default. Ic) Notice of Default . If I am In default. the Note Holder may' send me a written notice telling :nG that if : do not pay the overclue 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 amount That date must be at l!32st 31) days after the date on which the notice is delivered or mailed to me. . (0) No Waiver By Note Holder . Even if. at a time when I' am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have t'1e right to do so if I am in default at a later time. IE) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me f')rall 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 deliverinp it or by mailing it by first class mail to me at the Property Address above or at. a different address if I give the Note Ho!der a notice of my different address. . 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(Al above or at a different address if lam given a notice of that different address. . 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note. each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor. surety or endorser of this Note is also obligated to do these things. AnV person who .takes over ther.e obligations. including the obligations of a guarantor. surety or endorser of this Note. is also obligated to keep all 0 f the promises made in this Note. .The Note Holder. may enforce its rights under this Note against e.ach 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 !he 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 somo jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of L803 06/94 Page 2 of 3 Form 3200 12/83 . ~ ,- - Trust or Security Deed (the "Security Instrument"l. dated lhesame date as this Note. protects the Note Holder from possible losses which might resu:t if I do not keep the promises which I makd in thi.s Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of 911 arnount~ I owe under this Note. Some of those conditions are described as follows: Transfer of the Proparty or a Baneflclal Interest In Borrower. If all or any part of the Property or any interest in it is sold or transf","'ed (or if a beneficial interest in Borrower is sold or transferred and Br.rrower is not a natural person) without lender's prior written consent. lender '""y. at its option, require immediate payment in tulJ 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 BQlTower notice of acceleration The /lOtice shall provide a period of not less than 30 days from the date the no'Jce is delivered or mailed within Which Borrower must pay. aJi 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 Instrllmen~ without further /lOtic'e or demand on Borrower. . WITNESS THE HAND(S) AND SEAl(S) OF THE UNDERSIGNED. Borrower(st. . ^. t JYd.ll'M t D~AlrMAN^ "" Nro (-~ G__< Witness(est. ~ j ~cL, j'l), 0" ",,-- DEEDE L DY ARMAN J (Seal) . (Seal) Witness(est. '(R~-t ( , .j \\ - \.In;t:;"t (Seal) Witness(est. (Seal) Witness(est. MAILING ADDRESS: 8 CEDAR ST. NEWVILLE. PA 17241 (Sign Original Onlyi L803W 03/94 Page .:l u: 3 Form 3200 12/83 ,~"'....'"......- ,_lllJl&i!liIIIiIIllIl _,__" '=J'"" ...........,,- r Lawyers Title Insurance Corporation '.:" - '::;'..:".:" -:::....::::__:..::::-:::-,.' ., ::1-',' -:",": ,;.:. >, .~ sc~=S'._:_:: .r.. ALL THAT CERTAiN tract of land situate in the South Ward of ~:-," Borough of Newville, County of Cumberland and State of Pennsylvania, more fully described as follows: . BEGINNING at an iron pin at the southeast corner of the intersection of Railroad street and Cedar street; thence eastwardly along said Cedar street, and continuing along lands now or formerly of Raymond Heckman, Jr., South 73 degrees 15 minutes East, 213.00 feet to a point in Big spring Creek; thence up said Creek, South 38 degrees 10 minutes 59 .seconds West, 103.99 feet to a point in said Creek; thence along lands now or formerly of John D. Hollenbaugh. North 73 degrees 15 minutes West, 175.00 feet to an iron pin at line of Railroad street; thence along same, North 16 desrees 45 minutes East, 96.80 feet to an iron pin, the point and place of BEGINNING. BEING THE SAME PREMISES which Ernest E. Jacoby and Cherie M. Burkholder, now by marriage, Cherie M. Jacoby, husband and wife, conveyed unto Terry D. Ferree and Sharon D. Ferree, husband and wife, by deed dated August 27, 1992 and recorded August 27, 1992 in th" Recorder's Office in and for Cumberland county, Pa. in Record Boe.: V, Volume 35, Page 937. Sthed'.J~F.l A Pnge 2" ";0 93'; 5 Ex h'lb,t\'IY , ,. ~I'> -, _..:.;.,~ ~~ " VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 22, 2000 ~z~/ Leon P. Haller, Esquire 6715/~~~;;;~GAL ~l)PPLY CO_ FORM NO 8L'6n55-G~7156.WH ' . . ~ I ; ~; ~gT L[ 0 ;:: ~I i ~ H~c ~ ~~ Ei ,h; ~ !l ~~ .00 !2! I. > z . " . 'r :::::; '" ?'i i ~ ~' R-> ~ ~ ~: . ~ 8 ~ i~ . " ~ ~ I I~ I ~I r< I ~ ~ ~Gl~~ \kf- ~ ~~ ~' C38.~ ~ ~ ( I \) ~~ ~~ 1- {; [3~ 8 L< ~-' [i;" ': ': ~~:- '., ! s~ :~',~- ~~~~ ~- 7 -'~-,~ ~ '- ' <:;.--::~ -,..' , --'" l,..l..i ,"v --=;~-: ~_1 ~ "~ -" .. " SHERIFF'S RETURN - REGULAR CASE NO: 2000-01055 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND HOMES IDE LENDING INC ET AL VS DYARMAN WILLIAM C ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DYARMAN WILLIAM C the DEFENDANT , at 0019:52 HOURS, on the 1st day of March , 2000 at 28 BIG SPRING TERRACE NEWVILLE, PA 17241 by handing to WENDY MCNAUGHTON (GIRLFRIEND) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 ,00 35.44 So A;;~~~ R. Thomas Kline 03/02/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: ~nWt\ i. ~ Deputy Sheriff me this 2'1 ~ day of ~ ,;Uru-D A.D. ~ a.fl"..PO'N ~, Prothonotary' a -- ~._~~"~~ ~ ~.' '-,- ~t! \,. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC ET AL VS DYARMAN WILLIAM C ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DYARMAN DEEDE L the DEFENDANT , at 0011:44 HOURS, on the 1st day of March , 2000 at 8 CEDAR STREET NEWVILLE, PA 17241 by handing to DAVE WILHELM (BOYFRIEND) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 7.44 ,00 10.00 .00 23.44 So Answers: ~~r.~4!! R. Thomas Kline 03/02/2000 PURCELL, KRUG & Sworn and Subscribed to before By: me this .2'1 ~ day of ~ ~ A.D. q {1 7nj/p<-, ~ /~onotary . ,. ",j , ,'.,t- ',,,- iMl'l!l!I<IIlk.. ~. -10. . , , " . ~ HOMES IDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM C. DYARMAN AND DEEDE L. DYARMAN NO. 2000-1055 CIVIL TERM IN MORTGAGE FORECLOSURE Defendants P RAE C J: P E TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued. PURCELL, KRUG & HALLER BY:~ Leon P. 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