Loading...
HomeMy WebLinkAbout01-5881WASHiNGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN iNTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS, JANET A. VANVOORHEES AND JEFFREY D. VANVOORHEES Defendants 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 TIlE PURPOSE OF COLLECTING THE DEBT. GET LEGAL HELP. 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 ~,ithin twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and ~l,i,n,g 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 ~ ~ase may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 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. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, ~ISTRE CON LA CORTE EN FOP, MA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBYECCION ~'~TRA LAS QUEJAS EN ESTA DEMANDA. ~, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P~LRTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y ~UERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA D~ISION, ES POSSIBLE QUE USTED PUEDA PEP, DER 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 WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. JANET A. VANVOORHEES AND JEFFREY D. VANVOORHEES, Defendants : 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 attomey 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 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 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. JANET A. VANVOORHEES AND JEFFREY D. VANVOORHEES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW d t ~k.~ ] ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiffis WASHINGTON MUTUAL HOME LOANS, 1NC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., is a corporation whose address is P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. 2. Defendant, JANET A. VANVOORHEES, is an adult individual whose last known address is 7005 .x~ SALEM PARK CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, JEFFREY D. VANVOORHEES, is an adult individual whose last known address is 7005 SALEM PARK CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. On or about, June 23, 2000, the said Defendants executed and delivered a Mortgage Note in the sum of $70,950.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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 1621, Page 581 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and was recorded in the aforesaid County in Book 647, Page 809. 5. The land subject to the Mortgage is: 7005 SALEM PARK CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on May 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.13 per day From 04/01/2001 To 11/01/2001 ( based on contract rate of 9.3750% ) Accumulated Late Charges Late Charges $26.29 From 05/01/2001 to 11/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $70,617.24 $3,879.82 $0.00 $157.75 $371.86 $3,530.86 $78,557.53 **Together with interest at the per diem rate noted above after November 01, 2001 and other charges and costs to date of Sheriff's Sale. The attomey'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. 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 mount due together with interest at the rate of 9.3750% ($18.13 per diem), together with other charges and costs including escrow advances incidental thereto to tJ~date of Sheriff's Sale and for foreclosure and sale of the property within desclibed. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) .__ . Fmc52392 (1696x2200x2 tiff) [13] Multistate June 23, ~000 u IulNAL 7006 SALEM PARK CIRCLE MECHANICSBURG, PA 17055 FHA-138047 441-629187-8 1, PAR~ "Borrower' means each per,on ~;_o,d.~ a~ ~ ~ of this Not=, and th~ pcr;~'s ~-'.>'_ ~_so~s and assiins. "Lend~' mea~s GATEWAY FUNDING D!VERSIFIED MORTGAGE SERVICES, L.P. Z. BORROWER~ PROMIS~ TO PAY; IN'~ Ia r~tum fo~ a loan rccclvcd from D'-~a~', Bon-owcrpromisos to pay ti~ primipal ~ ~ Seventy Thousand Nine Hundred Flfly,,nd no/100 Dollars (US. $ 70,960.00 ), pl~ h~ter~, to th~ ord=r of I'~..d~. ~ will be e~r~d on tmpaid principal, from tho date of dlsbm~mont of tho loan procoods by Lond~r, at t~ rato of Nine end Three EighthI porcont ( g.376 %) p~ year until th~ full amount of prlm,ipal has be~m paid. 3. PROMISE TO PAY SF~-'URRD Borrower's promiso to pay is sccuredb~ a mar t~_=c, d~d of II'~t or slmil~r secmll~ instrumc~t~st is dar exl the same dat~ as this Not= ;md called tl~ '$ocur~ ln~tr~,~_~t.' Th= S~ l~tmmcntprotr~s th= Lend= from loss~ wMch mi~t r~ul~ if Borrow= defaults trader figs Not=. 4. MANNER OF PAYMENT (.4) Time A~u~ , 2~ · ~ ~d ~ ~t r~-~ ~ ~ ~t ~ ~ Ju~ FO~ W~HINQT~, PA 19~ ~ ~ ~ ~ ~ ~a~ ~ d~t= ~ ~ by.oti~ lo B~. (C) ~m~p~~~ b=~ ~U~. $ 590.13 .T~; ~o~ mo~. [~ a~b~ b~] ~. BO~O~WS ~ ~ P~AY .~o~m~m~ ~o ~ ' Is~ _. d ~ . . ~ . ~ .p~edby ~ ~ ~ S~e~. ~ B~row~ m~.~ a E×H.!flT!' Fmc52392 (1696x2200x2 tiff) [14] FHA-138047 o .. 6. BORROWER'S FAILURE TO PAY '(A) Late t~L,e for Overdue Pa~mants If Lende~ has not rccelwd thc full monthly payment roqulcedby thc Security I~str~m..t. as descrlbedin Paragraph 4(C) of this Note, by the md of fifteen ~ days after thc pa~ncnt is due, Lendez may collect a late ~h~e in thc amount of 1:001t p:rce~t ( 4.000 %) of the overdue amount of each payment. (B) I)erault If Borrower defaults by ~il;.S to pay in full any monthly payment, th.. Lender may, except as limited by regulations of the SccretatTin the case of payment defaults, zequise ;,~,~ediatepaymant in full of the principal b*l,~,.e re.~.i-~g due and all accmcdinteceat. Lemior may chooce not to exercise this option without ~ its right~ in the evant of any ~ubscClUCnt dcf'ault. In mas.y clro~m.tancesce~ml.Hons issued by glo Secretarywi]]. llm~t Lender's rights to rcqulrelmmediatepaymcnt in full in the case of paymant defaults. This Not= docs not authorize acceloratinowhen not permittedby HUD regulations. As used in this Note, "Sccrotar~ means the Secretary of Ho~,~4.~ and Urban Development or hi~ or (C) Payment of Comandllxpenses If Lender has requlr~;,~medlatepaymant in full, as descr[bedabove, Lender may requireBorrower to pay costs and c~enscs includifl~ rcas~labl~and cust~,*y attorneys' fees for cnforcln~ this Note to thc ~xtent not prolu~itcd by applicable law. Such f~cs and costs ~Rll bear interest f~om the date of disbursenlent at the same rate as thc yzi~cipal of this Note. 7. WAIVERS Borrower and any other porso~ who has obligations under this Note waive tho tights of preae~tmentand notice of &ishono~. ~-e~sentm e nt*manns tho right to require Le~lor to demand payment of amounts due. 'Notlc~ of dishonor* means the fi~ht to rcquirc Lender to give notice to other pe~sm~s that amou-~ due bare not bccn paM. 8. GIVING OF NOTICE~ Unle~ applicablalaw Zecluires a ditfc~e~ mctho~ any notice that mu~ be glvan to Borrow~undcr this Note will be giveo by dellvorlng it or by wsilln~o it by first class mall to Borrows' at tho p~opcrly address above or at a dlffcrcnt eddres~ if Borrower has siren l~or a notice of Borrower's differant address. Any notice that must bc ~ to I. amdor under this Note wffi be 8ivan by first class mall to Lender at thc addressstatedin Paragraph 4(B) or at a differeat add~ess if Borrower is given a notice of that different address. 9. OBLIGATIONS OF P]fiISONS UNDER ~ NOTE If more*h-- oao person 6? this Note, each porsonis fidly and per~nslly obligated to kec~ all of tl~ promises read. in this Note, inclucllag thcl01~c to pay the full amountowcd. Any perannwho is a ~mzantor, sur.ty or e-aorsorof this Note is also obligated to do these thi.~ Any pc~o~ who takes over thc~ ob~atlon% including thc obli~tio~s of a guarantor, surety or endorsc~ of this Note, is also obligated to i~eep all of tim promlscemad~in this Note. I.~,t~-may c~orceits rights under thls Note a~ainst each i~onilldlvldllany or ~ all s~llatorles to~ethor. ~ o~tc person sj~in_= this Note may bc requiredto pay all of th~ amo,,-~ owed ~naer this Note. BY SIGNINGBELOW~ Borrower accepts and agrees to the t~ms and cm~ennts c~mt*~di~ this Note. -JgFF~L~' ~V~VOORHEES ' -~,~,,, ~'A - (~) (s~)  Fmc52392 00i l~:~ FROM:~INHAL~ Cl~ILLO (1696x2200x2 tiff) [24] '717-651-~00 P.O10/Olq EXHIBIT A 7005 Salem Park C{rcln Mcchmicsburg, PA 17055 parcel No, 10-19-1606-096 ALL THAT C]ERTAIN plcee or parCO! of land situate in Hampden Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows, to wit: BECIINNINO at a point on the line of ~dJoiner between Lots 121 and 122 as shown on thc hereinafter mentioned plan of lots, said point also bein~ measured in a southerly diroctiop a distance of 40 feet from Ore southern line of inlcrsectioll with a I0 feet wide cart path; thence by the line of adjoiner between Lots 121 and 122 aforesaid, South 22 deErees 29 minule~ 35 seconds West a distance of t00.0 feet to a point; thence North 67 degrees 30 minutes 2.5 seconds West along common grounds now or formerly of The Homestead Group, Inc. a distance Df 20,0 feel a po _ii, t; thence No~ 22 dsF~*es :9 mlnutes.35 seconds Fast. along the line of adjoiner between Lots t22 and 123 on said plan a distance of 100.0 feet to a point; thence South 67 degrees 30 minutes 25 seconds East along other commo,% grounds a distance of 20.0 fcct to a point, the place of BEG~INNING. h BEING Lot No. 122 on Plan of Salem park Land Development, which Plan is recorded in t e Cumberland Cou, ty Recorder of Deeds Of-rice in Plan Book 25, Page 12. I-[A.¥ING thereon erected a townhouso type dwelling known and numbered 7005 Salem Park Circle. 15 T 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 WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO LFEET MORTAAGE CORP. said facts Contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 8, 2001 Leon P. Haller, Esquire SHERIFF'S RETURN CASE NO: 2001-05881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS VANVOORHEES JANET A ET AL - REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VANVOORHEES JEFFREY D the DEFENDANT at 1009:00 HOURS, at 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17055 JEFFREY D VANVOORHEES on the 17th day of October 2001 by handing to 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 6.00 Service 7.15 Affidavit .00 Surcharge 10.00 .00 23.15 Sworn and Subscribed to before me this /3~ day of ~u~/~_~ ~-~! A.D. notary ' So Answers: R. Thomas Kline 11/07/2001 PURCELL KRUG HALLER Deputy Sh~eriff / SHERIFF'S RETURN CASE NO: 2001-05881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS VANVOORHEES JANET A ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT VANVOORHEES JANET A but was unable to locate Her deputized the sheriff of YORK serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, the within COMPLAINT - MORT FORE , to wit: He therefore Pennsylvania, to On November 7th , 2001 , attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co 18.00 9.00 10.00 30.35 .00 67.35 11/07/2001 PURCELL KRUG HALLER Sworn and subscribed to before me this ~ ~ day of ~ ~/ A.D. ! ; Prothonotary ' this office was in receipt of the R. l~nomas Kline Sheriff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTiFF/S/ Wash/ngton Mutual Hc~ne Loans Inc. 3. DEFENDANT/B/ Janet A. Vanvoorhees et al SERVICE CACL (717) 771-9~01 2. COURT NUMBER 4. TYPE OF ~RIT OR C~ L~ NT. Notice and ~rtgage Forec-osure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD. Janet A. Vanvoorhees 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 923 Emanuel Road Lewisberry, PA 17339 7. INDICATE SERVICE: r~PERSONAL O PERSON IN CHARGE X~DEPUTIZE Ci...p._~__~I~___~_{L [31STCLASSM~JL ~Pos'r~D C}OTHER NOW October 22 ,20 01 I, SHERIFF OF-Y~R'l< COUNTY, PA, dg hereby deputize the sheriff of York COUNTY to execute t~ke ~n ~rding to law. This deputization being made at the request and dsk of the plaintiff. __ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: A~qCE FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any fxope~ty unde~ ~ ~ may leave same 9. TYP~NAMNAME and ADDRESS of ATTORNEY I ORIGINATOR and SIONA'IlJRE IJ~ON p. HAT.T.~, ESQ. 1719 N. FR~ ST., HARRISBU~, PA 17102 12. SEND NOTICE OF SERVtCE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if nolJce is to de mailed). CUMBERLAND COL~qTY SHERIFF 13. I acknowledge receipt of the writ Of complaint as indiCated above, j. 16. HOWSERVED: PERSONAL~ RESIDENCE( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) t5. E3~tMto~/Hea~ng Date SEE REMARKS BELOW 17. [3 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. N~M~ AND TITLE O F,NDI~UAL SERVED~ LIST A[~ORESS HERE IF NOT SHO. ABOVE <Rela~onship to Detel3dant, ,,9.~j_O~to o{ ~ ~ '~f'~.,X._U~ Date Time M,les nt. Data TI-- ~: I'~' ''T'''" '"'1 ' I I 22. REMARKS: /~23. AdvanceCosts 24 ServiceCosts 25. N/F 26. Mileage 27. Postege 28. SubTotal 29. Pound 30. Notely 31.Surchg 32. T~&C.a~I~ 33. Ce~s{:~eo~kRe~ CheckN~: ,~. 75.00 I zs.00 z0.35 28.35 I12.00 1 3o.35 I 44.65'-' I1~ I I 41 AFFIRMED and subscribed to before me this 2 I . ~ -- / SO ~ -- ! ,EL,SSAJ. S~^WF~o~PUb~ ~ IWII-LIAM M. ~SE . .4 ~ City of Yod..~o. rk Cogn];y I 1" ' /d' ~ -- ""~/ ' -- ~ 49. DATE I 1.WHITE-IsauingAuthodty 2. PINK-AEomey 3. CANARY-Sherifl'sOffice 4. BLUE - Sheriffs Office WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. PLAINTIFF VS. JANET A. VANVOORHEES AND JEFFREY D. VANVOORHEES DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-5881 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PRAE C I P ~ Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 13, 2001