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Home My WebLink About01-1471 FX 1-' , ",. [-,:,i-~i' HOMESIDE LENDING, INC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW DONNAlRHOADESAND wrLL~J.RHOADES Defendants ACTION OF MORTGAGE FORECLOSURE fLvOI_j'-/"1/ ~ I ~ TillS 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 after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court YOUI'def<(uses 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 claim in the Complaint offor 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 POPER 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 A VISO LE RAN 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 A VISO. 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 PROSEGUlR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERJRA 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 . ~ "J '",. ,..~ 17h! HOMES IDE LENDING, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DONNA J. RHOADES AND WILLIAM J. RHOADES, CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE Defendants 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 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, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff "~ ~~..J... __, - ' ~ ' " ~.u-^", HOMES IDE LENDING, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW DONNA J. RHOADES AND WILLIAM J. RHOADES, Defendants : ACTION OF MORTGAGE FORECLOSURE 7!U:,"O!_ /'-/7/ ~ T ~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is an adult individual, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, DONNA J. RHOADES, is an adult individual, whose last known address is 4840 CHARLES ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, WILLIAM J. RHOADES, is an adult individual, whose last known address i~ 4840 CHARLES ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, February 20, 1998 the said Defendant, WILLIAM J. RHOADES, executed and delivered a Mortgage Note in the sum of $113,850"00 payable to BARNETT MORTGAGE COMPANY, which , Note is attached hereto and marked Exhibit "A"" I I 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, WILLIAM J. RHOADES, 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 M<ilrtgage Book 1433, Page 689 conveying to original Mortgagee the subject premises" The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Book 577, Page 169 on May 22,1998. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 4840 C~ES ROAD, MECHAN1CSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. I - '_ > _0" """WI1>\,!;,,' 6. By Deed recorded July 7,1998 in Mortgage Book 181, Page 11, the said Defendant, WILLIAM J. RHOADES, conveyed the property subject to the Mortgage to himself and the Co-Defendant, DONNA J. RHOADES, who stands as a Terre Tenant. 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 October 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $110,656.35 Interest at $20.46 per day From 09/01/2000 To 04/01/2001 (based on contract rate of 6.750%) $4,337.52 Accumulated Late Charges $456.24 Late Charges at $35.32 Per month for 7 months $247.24 Escrow Credit $376.11 Attorney's Fee at 5% of Principal Balance $5,532.82 $121,606.28 **Together with interest at the per diem rate noted above after April 1, 2001 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 Sheriffs 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 judgement 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. !~'~".~~~~ L I.c' - .~~ ~ . '<i; 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. II. 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 6.750 ($20.46 per diem), together with other charges and costs including escrow advances incidental thereto to the da f Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) ...... __..1 -... . ~. .'. , ""r -"Jirl r"~ '., . Bbm92414 (1696?,2800'X2 tiff) [21] , $113.8S0.00 . . v,,~'" l:4'~I"_~_ R...._.tlJ...l.II.OI'llMor. s..uo. 1410. '.I.."'......c. .Mt;Ulllllt.olllf..... 11.._11I....... "'...t.ti.... _.~...,....'"U MORTGAGE NOTE THIS LQAN IS NOT A$SVM" WITHOUT THE AP.O'lAL 0' , DEPARTMENt, OF'VlTstANBAPF OR ITS AUTHORJZIIi) AGe"". , " . l C.itlIJ, ,~v~. , -~-'!r;.!L,,---.~, ,_...v_: ""flmmll. ~A.#:.e=m. FOR VAL\JE! R!iCELVSD, 11\1I \lndtl'lIA;ned. n .._,_ ..,__.~..__.._.._._~._._...._p_:-' WlI.Ltl!.M.......JItH'......1fI __=:.._... ._...,__.___..". "'4_".'___"___'_ LB9B 01/96 PIg8 1 of 2 . _.,..-., __._..........,........'_.....H.' ~..... ,.__..,...,. C:Xhibl1 AI' <, I Bbro92414 (169'ix.280Clx2 tiff) [221 \)ii' [:: \{.' , ~,;, b~ f' ~F" ~'" t:.~ ~~~ ~'.; Wftnt~Iu1: ~c . ~; .~. t.98tJOt~ . '>~~~: ' ~'~~~.....".-:..~~............)~ft",~.\.t-"w.~"J."1.:''li:I'.~~'" :,' ~ i' '~D9;J077. ' ..' i:f:" .' 'A 17.oH,. ',' S1Qli;d.~'atld:~~lr..-fn"itb6Pr.~'~f:' . '~,~""'," Yo >$W~~~ · . . : ,.... .>.'.' '''. ~"l.'\: ," .' '~~ell} csir.JL Wltnon(atd: tSUD-' Wl!N:II(_ ~ . ~',........ Bbm92414 (1696x280Dx2 tiff) [l1J Uhfb1t "gt ( " , -, ~ ~ -~ "~'i' COMPANY NAME: IDffiII:E IENDIN;, oc. VERIFICATION . I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements her~in are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificati<IJn to authorities. Dated ITBlIh 12, 2001 0\ ~.\J By Title I Leanne Galvin, Vice President ~'"' ~ I ~' . 'iif" 1, SHERIFF'S .RETURN - REGULAR . . CASE NO: 2001-01471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS RHOADES WILLIAM J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES DONNA J the DEFENDANT , at 0019:45 HOURS, on the 15th day of March , 2001 at 4840 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM J. RHODES 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 18.00 7.44 .00 10.00 .00 35.44 So Answers: ~~ vt:?~~ R. Thomas Kline 03/16/2001 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: me this 2f' f:.- day of ~ ).Q.of A.D. CJ a~l# ~honotary ~~n"~~" " " , ~ . ~-i I ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-01471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMES IDE LENDING INC VS RHOADES WILLIAM J ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES WILLIAM J the DEFENDANT , at 0019:45 HOURS, on the 15th day of March 2001 at 4840 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM J. RHOADES 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~~ R. omas Kline 03/16/2001 PURCELL, KRUG & HALLER ~ me this .;?P - day of Sworn and Subscribed to before By: ~ ~J A.D. ~a. ~<--.~ Prothonotary