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Home My WebLink About01-04983BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff vs. TAMMY LEWELLEN AND NANCY A. MCDILDA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ol -~(4~3 CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE THIS FIIiM 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 aze served, by entezing a written appearance personally or by attorney and Tiling 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 maybe 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 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. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION (~ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIl'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIl2 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 DINERQ 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 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff vs. TAMMY LEWELLEN AND NANCY A. MCDILDA, 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 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, PA 17102 (717)234-4178 Attorney I.D.# 15700 Attorney for Plaintiff ,,,,. BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff vs. TAMMY LEWELLEN AND NANCY A. MCDILDA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~PENNSYLVANIA O1-~14I'3 ~v~~ l CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANKONE, NATIONAL ASSOCIATION, TRUSTEE, a national association whose address is 9275 SKY PARK COURT, SUITE 300, SAN DIEGO, CA 92123. 2. Defendant, TAMMY LEWELLEN, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PA 17013. Defendant NANCY A. MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PA 17013. 3. On or about, July 27, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $58,400.00 payable to OLD KENT MORTGAGE COMPANY, 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. The Mortgage was subsequently assigned to BANKONE, NATIONAL ASSOCIATION, TRUSTEE and will be sent for recording. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PA 17013. 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 March Ol, 2001 and all subsequent instalhnents thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.36 per day From 02/01/2001 To 09/01/2001 (based on contract rate of 12.0000%) Accumulated Late Charges Late Charges $30.04 From 0310112001 to 0910112001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $58,092.01 $4,104.32 $0.00 $180.24 $0.00 $2,904.60 $65,281.17 **Together with interest at the per diem rate noted above after September O1, 2001 and other charges and costs to date of Sheriffls Sale. The attorney's fees set forth above are inconformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffls 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. 10. Defendants are not members of the Anned 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 Defendant has either failed to meet the time F ,~., limitations as set forth therein or has 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 12.0000% 6 per diem), together with other charges 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) and costs including escrow advances incidental thereto to the t f S erifl's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG &c HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 ®BALLOON NOTE ® f10~'~a' ~~le(l AP# 30 MCUILDA.NANC ~~~) LN# 1355082 THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE FJYTIRE [MINCR+AL BALANCE Of THE LOAN AND UNPAID INTEREST THEN DUE. SHE LF~iDER IS UNDER NO OBUOATION TO REFlNANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOId HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. tF YOU REFlNANCE THIS LOAN AT MATURRY, YW MAY HAVE'TO PAY SOME OR ALL OF THE CLOSING COSTS NONMALLY ASSOCIATm WITH A NEW LOAN EVEN IF YOU OBTAIN REFlNANCINO FROM TItE SAME LENDER. July 21, 1999 la^1 Iran ISU¢I 139 North Bedford Street.Carlisle.PA 17013 Iv+vneur Addrewl 1. BORROWITR'3-PROMISE TO PAY 1o setnro for a loan dut 1 have received, t psomi4e m pay U.S. S 58, 40D.00 (this amouatu called '•priocipel~),plu4mcerTl,~totheorderorwelauer.7hetmderi4 Old Kent Mortgage Company, A f understood that the I.mda may transfer Chia Nox. The Lender or atryooe who ekes this Note by tnoshr and who is eatitted m [aeive paymems oxtder shin Note is called the "Nate ftolder." 2. DVT'EREST InWmt edit he chMgW on u~aid principal untn the fait amount of principal hu ben paid. 1 will pay intercat st a yeady rate of 12.0000 96. '~ inLGRt nm mN9Ted by this Seetiau 2 t4 the fMe ] wtn pay lwth lzfom eoa after ffiy defanh desuihcd In Section d(B) of this Nae. 3. PAYMAN7'S (A) Time and PLsa of Paymmu t wiS IW' P~iPal and intaea by Rwkm6 PSY~a every month. 1 will maioe my mmmty paytmaM on the 1st dry of oath month begiming on October 1999 , t wiR make these paytoeuta every moah uxdil t have paid all of the priaipLL and imerest and any other ~llea tWedbed below thM I nMY owe under this Nom. My monthly DSYmenta will he applied to interest before prtrtdpal. IL on September 1. 2014 , I atnl owe amomu undo tbi4 Note,1 will pay dtose amounts in full on that date, whirl ie plied dM "Maturgy Dam." Iwtn make my monthly paymentsM 6397 Emerald. Parkway. Suite100, Dublin. OH 43016 a M a diftetesn place if retpmed by the Nae Holder. (S) Atnspmt of Montldy PayamaG My mmthly peytnaa win be in me atmunt of U.S. S 600.71 4. HORROWI4R'3 RIGBT TO PR&PAY 1 have the>IBht to make paymmta of principal at any time before tlKy are due. A paymwt of principal Daly is (mown u a "pmpaymmt." Who 1 make a peapaytuent. l wL tdl the Nae Holder m wrilipg that 1 am doing Se. I may mane a full ptepaynttat a P~ PRWYmenM without PeyiaR a~ ptepaymmt charge. The Nae Holder wnl rue all o[ nN pnepaymeoM m tedtxe the amuuot of priaipd drat I owe under this Note. It 1 mete a genial prepayment, there will he m changes to We due date or to the utpunt of my monthly paymrnt uNeM dx Note Holder agtep in writing m t}m4e ckmtges. MULTtaT11TE naILOON FnifD MTE NOTE- !knob famlM • rwau UNataRM NarRUMENT Fwm aaeo 9I6) ~-aTOT nwq awrow wp+aa --~-t vw uomwae roaw.acwax+aan Iwws IIIIKIIflhllhHlllllilil(ihlhlllilllilllli ~XNIP ~i ,,q,~ ,LOAN CHARGES If a kw, which applies ro this loen axd which Iris maximum Ioen charges. is fndly imeryreted so and the ioteren or oche lom chergp enlhxted or ro be edleeW 1o comenlim wiO mD loen pceed tbe pemdttrd limiu, then: (i) my etch loan charge shill be redueed by the amount neauaty m rcdtrce the charge m the permihcd limit: and (ii) enY sums dready collected from me which excaded pemitted limits wW be reftruded m me. The Nou Holder may choose ro make this re(rmd 6y reducing the prioeipd 1 awe wader this Noce m by making a direct payment m me. II a refund reduces principal, the redtxtmn w01 be trmed p a partial preprynam. 6. BORROWER'S FAII.URE TO PAY AS REQUIRED (A) bete Charges far Overdue Payments if the Noce Holder 6u nil nxeivod tbe full amount of enY taonthly paymem by me end of 1S ctleodaz deaayysa after the dau i[ is due,1 will pry a hue charge ro the Note Holds. 7M ammmt of the dmge will be S. OODU % of my uvedue payment of prixipal and iscerpt. 1 will pry this lee rbuge p[ampdy ben mly once en each hte payment. -. p31 DehuR It I do not pay the full amoum of each tromWy paymem m the des LL is due. I will be k ddatrlt. (C) Nodce of IkmWt If I am in default, the Note Holder vmy red me s wridat entice Idling me that if I do net pay the overdue arrntmt by a armin date, the Noce Holder rosy require me m pry imnrediddy the full ammmt of principal which des rat hem Paid end dl tbe iattuest the 1 awe oa the amomt. 76et date [oust be e Iprt 30 days dter Ute dau m which the tatice ie ddivered or toa0ed m mt. p)) No WaWe by Nou Holder Even if, d a time when I am in defenh, the Nou Holds dap rat requ've me ro pay inmbeiately is full ere descrybed above. the Nou Holds wiB atBl have tbe right m do m if 1 am in default at a lap title. (q~Payosmt of Nou.Hohhx4 Cade and Etgteosp If the Nme Holder hu required me m pay imeocdiately in full n deraibed above, the Nom Holder will have the right m be paid bark by tare for all of iu mna end rapenxs io enforcing thin Noce m the extra[ sot prohibited by appiice6le law. 7bose expemp include, fm exenDk, reasonable attorneys' fep. 7. GIVING OF NOTICES lhrlees applicable law «quirea a diffemt method, way notice that moat be given m roe ndp tlris Nme wgl be given by ddivermg it m by mailing it by fast dos mail ro rm d the Progeny Address above or d s differem address if i give the Noce tlddp a entice of nq diBerau addrep. Any notice Iha rmst be given m tbe Nar Hol~r tutder this Nee vdB 6e given by codling it by fast loss mill m the Nou Holder d the addrns Bated k Sectim 3(A) above or e a different addtm if i am given a notice oP that dif[erem address. S. OBWGATION9 OF p®tSONS UNDER THIS NOTE Hmore than one perm siyu thin Nou, each persm b fully and persondly obligated m keep all of the promises made in this Non, irrciuding the promise m pay the toll annum owed. Any pecaon who is a gttuaotor, tarcety or endorse of this Nou k dm abllgated m do these thioga. Any perm who takes over t>Kre oblige[iona, ivcludiag the abltgatioss of a gmuamm•, anety a endorser of this Nate, is.aba obligated ro keep dl of the promisee made in rids Nou. The Noce Holder may enforce W righu wrier this Nee against each person hdividualty or agatmt all of m mgethp. 'this marts the arty one oP us mry be required m pay ail of tbe amomu owed order this Note. 9. WAIVERS 1 wad any other perm who hat abligabeas under ihia Noce wdve the tighce of preamtmmt and entice of dishonor. "Preaenmm" means Ike right m require Ure Nou Holder m detttmd payment of atmtmm due. "Notice oP dishonor.. .meets the rigid m regrdre the Noce Holder ro give nodes m other petsom dot emouou due have tat been paid. IO.UNH+ORM SECURED NOTE 13ta Non is a mltoem iourtrment with lirmced veriu[om in aorce juriadiedons. In addidm m the pmtatious 9rven m the Noce Holds under Wes Nau. a Idortgage, Deen of 1Yau or Security Deed~~; phe "Semrlly Luwmmt"), dyad the same date a-tills Nou, protecn the Nace Holder flora pgssrbleloaep whkh night result if 1 do not ixep tbe promises which 1 trWce k this Nou. 7bat Security laerurrxm deeaibphow and undo what cmdidms 1 may be Iced a make irrmrediate peyroest m toll of all anrmots 1 owe owe dris Note. Some otdase oondidom ere dpcdhed p follows: ~~nm a.wt vyrara t~ axeo arer ~~ ~~ ~/ . ;l'ra6sfer of the Progrty m a Benefkial interest in Borrower. If all or any pan of the Property or any interest in h is wld m varaferred (m if a brneficial interest in Borrower is sold m uensfamd and Borrower is not a nemnl pereaa) withom Leader's prior written wnxat. Leader may, et iu option, require immcdiata gyment in fall of aii soon seemed by this Security Instrontmt. }Imeever, Chia option shalt rvm be eaereixd by Larder if exemice is prohibited by federal law as of the dax of this Security losoument. If Lender exercixs this option, Leader shall give Borrowv amice of atazlentioo. The entice shop provide a period of rwt leas than 30 days from the date the naia is delivered m mailed within which Borrower mute qy ail wens seUUed by this Sesatrity losuummt. tf Borrows fails to pay these sums prim to the expintioa of thB period, Lender ttxy involve any remedies pammhted by Otis Security Innrumad wiWout furdter roQce ar demmd ten Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THfi UNDERSIGNED. ` ~`\ ; t~_ `~ Pay t0 tlw Otdar of YIdIwN Racourc6 Dld (lent A! -Sa C:..nr.ay, n 4!i~ipen Carparellon ~'r--~- Mona E ickaon, !:b'P `-)'~O,.~c~.1tQ \~~ ~~.~` Lux1 k)h /rCI~'~tS~•~ u-`~t V WhM ~I1~~ 1 ~1~ ($Ca!) Na/ncy A. McDilda -' -6amwrr w Xlntrn._t - >tw1~ L~! l.1 _ _ (Sea!) Tamgy tewell •ttamwer, (Seal) -ttamser (Sign Origlrmf Only) ~i70T nwo wa. as a Fwm 9160 9ta7 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 BANKONE, NATIONAL ASSOCIATION, TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 23 2001 Leon P. Haller, Esquire ~ ~ ~ ~ `, ~ ~ ~. M ~> ~ - •tq c Q !' - "~ . ~ ~ ~- ~, .. a -< rtr~ x: ;'a§~9~ ~ .uars,er~.r,.~ro~+czr!~e:_ .. ,, fR.~;us Vie, .u; ..» _,... .,;, .,. :,=.ec ~. ..a.~r.,e~,a .sr;,,.~mmr:::~;:~re:. s4R~ ~~ ,~ SHERIFF'S RETURN - REGULAR .. •. -~r CASE NO: 2001-04983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS LEWELLEN TAMMY ET AL 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 LEWELLEN TAMMY the DEFENDANT at 2025:00 HOURS, on the 28th day of August 2001 at 139 NORTH BEDFORD STREET CARLISLE, PA 17013 TAMMY LEWELLEN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me ~thi_s ~3 ~ day of r thonotary So Answers: R. Thomas Kline 08/29/2001 PURCELL KRUG & HALLER By~ / ~~ ~ ~ .~~.,~ L Deputy Sheriff „~ ,r 't CASE NO: 2001-04983 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS LEWELLEN TAMMY 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 MCDILDA NANCY A DEFENDANT the at 2025:00 HOURS, on the 28th day of August 2001 at 139 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to TAMMY LEWELLEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments NO OCCUPANTS OTHER THAN Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me thDis 3~ day of wLPa~w~v~u.~. (/~'~DO / A . D . ~~' fothonota ~~~ So Answers: ~~ R. Thomas Kline 08/29/2001 PURCELL KRUG & HALLER Deput~ iff _~~~ BANKONE, NATIONAL ASSOCIATION TRUSTEE, PLAINTIFF VS. TAMMY LEWELLEN AND NANCY A. MCDILDA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-04983 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please settle and discontinue the above matter without prejudice. PURCELL, KRUG & HALLER By: Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 19, 2002