HomeMy WebLinkAbout00-05830
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FLEET MORTGAGE CORP. F/K/A
FLEET REAL ESTATE FUNDING
CORP.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. ;(00::;- -.:>lr30
VB.
RONALD L. HOFFLER AND
CASSANDRA L. HOFFLER
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.
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 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. rF 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
71 7-249-3166
Legal Services, Inc.
S Irvine Row, Carlisle, PA 17013
71 7-243-9400
A V ISO
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
PESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE
aSTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE
aSTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SrN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDrR 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
PINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO rMMEDIATAMENTE.
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.
a Irvine Row, Carlisle, PA 17013
717-243-9400
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FLEET MORTGAGE CORP. F/K/A
FLEET REAL ESTATE FUNDING
CORP.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
vs.
RONALD L. HOFFLER AND
CASSANDRA L. HOFFLER
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 31601:
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
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
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FLEET MORTGAGE CORP. F/K/A
FLEET REAL ESTATE FUNDING
CORP.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. trfJ- 5130 ~ I.u..-
vs.
RONALD L. HOFFLER AND
CASSANDRA L. HOFFLER
Defendants
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
COM P L A I N T
1. Plaintiff, FLEET MORTGAGE CORP. F/K/A FLEET REAL ESTATE
FUNDING CORP., is a corporation, with an address of P.O. Box
1169, Milwaukee, Wisconsin 53224.
2. Defendant, RONALD L. HOFFLER, is an adult individual
whose last known address is 25 WEST LOCUST STREET, MECHANICSBURG,
PENNSYLVANIA 17055. Defendant, CASSANDRA L. HOFFLER, is an adult
individual whose last known address is 25 WEST LOCUST STREET,
MECHANICSBURG, PENNSYLVANIA 17055.
3. On or about March 30, 1998, the said Defendants executed
and delivered a Mortgage Note in the sum of $87,900.00 payable to
FLEET REAL ESTATE FUNDING CORP. The said Note is not accessible
to Plaintiff and is believed to be in the possession of
Defendants.
Plaintiff also avers that the within Mortgage
foreclosure complaint is based upon the Mortgage and that the
attachment of 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, Defendants made, executed, and delivered to original
Mortgagee, a certain real estate Mortgage which is recorded in
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the Recorder of Deeds Office of the within County and
Commonwealth conveying to original Mortgagee the subject
premises. Fleet Real Estate Funding Corp. is now known as Fleet
Mortgage Corp. Said Mortgage is incorporated herein by
reference.
5. The land subject to the Mortgage is: 25 WEST LOCUST
STREET, MECHANICSBURG, PENNSYLVANIA 17055.
6. The said Defendants are the real owners of the land
eubject to the Mortgage.
7. The Mortgage is in default due to the fact that
Mortgagors have failed to pay the installment due on May 1, 2000
and all subsequent installments thereon/ and the following
amounts are due on the Mortgage:
(a) Unpaid principal balance $
85/905.65
(b) Interest at $15.88 per day
from 4/1/00 to 9/1/00
(based on contract rate of 6.750%)
2/429.64
(c) Accumulated Late Charges
0.00
(d) Late charges at $27.49
per month for 5 months
137.45
(e) Escrow Deficit
197.73
(f) 5% Attorney's Commission
4/295.28
$ 92/965.75
~Together with interest at the per diem rate noted in (b) above
after September 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,
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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. 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 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, Plaintiff demands judgment in Mortgage
foreclosure "IN REM" for the aforementioned total amount due
together with interest at the rate of 6.750% ($15.88 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.
~CEL G & LER
BY" ~
P. ler
Attorney for Plaintiff
LD. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
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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 FLEET MORTGAGE CORP. F /K/A FLEET REAL ESTATE FUNDING
CORP. that said facts contained herein are made subj ect to the
penalties of 18 Pa.C.S.
Section 4904 relating to unsworn
falsification to authorities.
Date: August 22, 2000
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Leon P. Haller, Esquire
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-05830 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FLEET MORTGAGE CORP FKA
VS
HOFFLER RONALD L ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
HOFFLER RONALD L
the
DEFENDANT
, at 0019:32 HOURS, on the 11th day of September, 2000
at 25 EST LOCUST ST
MECHANICSBURG, PA 17055
by handing to
CASSANDRA HOFFLER (WIFE)
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
So Answers:
18.00
9.30
.00
10.00
.00
37.30
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R.Thomas Klin
09/12/2000
PURCELL, KRUG & HALLER
Sworn and Subscribed to before
By:
~n:;~~ '
Deputy Sher~
me this /s'C::. day of
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rothonotary
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2000-05830 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FLEET MORTGAGE CORP FKA
VS
HOFFLER RONALD L ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
HOFFLER CASSANDRA L
the
DEFENDANT
, at 0019:32 HOURS, on the 11th day of September, 2000
at 25 WEST LOCUST ST
MECHANICSBURG, PA 17055
by handing to
CASSANDRA HOFFLER
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
So Answers:
6.00
.00
.00
10.00
.00
16.00
~~-~~~,
R. Thomas Kline
09/12/2000
PURCELL, KRUG & HALLER
Sworn and Subscribed to before
By:
J9>>~~~ -
Deputy Sherif~
me
this /6~ day of
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rothonotary , ,
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FLEET MORTGAGE CORP. F/K/A
FLEET REAL ESTATE FUNDING CORP.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
VS.
NO. 2000 - 05830 CIVIL TERM
RONALD L. HOFFLER and
CASSANDRA L. HOFFLER
CIVIL ACTION - LAW
DEFENDANT
IN MORTGAGE FORECLOSURE
P RAE C I P E
TO THE PROTHONOTARY:
Kindly Settle and Discontinue the above matter of record.
~~LER
Leon P. Haller
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: October 19. 2000
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