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Home My WebLink About01-05364I~OMESH)E LENDING, INC. vs. Plaintiff GERALD T. PHILLIPS, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~. ni- 5 3~ v C~.e T..,.-- TffiS 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. )•f 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 entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze wazned that if you fail to do so jh~ aase may proceed without you and a judgment maybe entered against you by the Court without fiuther 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 OET LEGAL HELP. Crl " CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE LISTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU Ik~tTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y I2~QUERIRA QUE LISTED CUMPLA CON TODAS LAS PROVISIONE5 DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO INIMEDIATEAMENTE. ;',~;,: ~',', 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 <; i- x_. n t: HOMESIDE LENDING, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW GERALD T. PHILLIPS, JR., ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 1-; , - 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 attomey shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attomey 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 LD.# 15700 Attorney for Plaintiff 7. _ HOMESIDE LENDING, INC., Plaintiff vs. GERALD T. PHILLIPS, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 7?v. b l - 5 3L Y ~cv.-=G Tiw- COMPLAINT IN MORTGAGE FORECLOSURE ' ~ L Plaintiff is HOMESIDE LENDING, INC., a corporation, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. +.-~; -2. Defendant, GERALD T. PHILLIPS, JR., is an adult individual whose last known address is 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, May 23, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $76,900.00 payable to BARNETT 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, Defendant 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 1384, Page 326 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 1098. 5. The land subject to the Mortgage is: 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the instalhnent due on May O1, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.19 per day From 04/01/2001 To 10/01/2001 (based on contract rate of 9.0000%) Accumulated Late Charges Late Charges $28.05 From 05/01/2001 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $73,802.44 $3,328.77 $112.20 $140.25 $692.40 $3,690.12 $81,766.18 **Together with interest at the per diem rate noted above after October Ol, 2001 and other chazges and costs to date of Sheriff's Sale. The attorney's fees set forth above aze 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. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administraction under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act N0.91 of 1983. .~ ..... ~...~, .~ ,~. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.0000.% ($18.19 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, IG & Leon P. Haller, squire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) t; :, ~ .. s~ Hs122873 (1696x2800x2 tiff) [3] ' ~XHiBrf '~A ~~ .~ Hs122873 (1696x2800x2 tiff) [Q] ,~,. Hs122873 (1696x2800x2 tiff) [5] ,~ Hs122873 (1696x2800x2 tiff) [67 Hs122873 (1696x2800x2 tiff) [9'] ~, .. S 9LL TeST C39PHIm 100 or tract Ot grouts situate in Sampdep TomehiP, Cumlerland CouniY. Pannrylvenla, more psrti0ularly bounded and de9Crlbed a/ follaire, W mitt H80ImmIm6 at a peLlt en She center line of OolEviw Hoed (T--617) at toe awtheeeC eernae of the Singauaed Bubd3vition, 8eatlon 1; ihenoe by toe mama, moith 03 OegraY-1B mimuW 09 wCOnee Heat, 01r himdYOd lorey-mina and YDYty-LSW laNdCWt-a (649.49) Leai to a pOlati then0e a3ang tea mama,iN/rth as Qegreaa 18 minutes ao aeaaada seat, toasty-nine end sirty-iim OaMSaeth/ (19.66) feat to an iron pipa7 thMCe mOLLth B6 degree/ 31 1111YEa/ S3 /eCmade SUt, OeVanty-tares (71.00) leaf t9 an iron p1nJ thenOm along s oMnnal, BauU 10 degrees 17 urinate/ 91 semomd/ East, thrp hundred ninety-n1M end ninety-we hundredEhe (799.91) fYt t0 0 po1;K; thanes along lAMe nob of Ronald E. Tippatt, eoath 46 degree/ 78 mimttae 73 /6oot18e Nest, Lifty-/ix aM uvmtY-nine huMreBtdn (%.79) foal to an iron Pin; thenc/ along the eeme~ South 07 Qagreul a8 minutes ]7 eewnde Sass; too hundred fifty-three e;W tmentyi~hundradtha (193.10) t/et to a Doint on the oeat/r lino of goiLViev Roafl (T-617); thanes alaip the oenler line oL Oolfviam Aosd, (T-613), Sarth 89 Qegreea 49 mitwtae 71 saccade Neat, one 4undrad fifty-nine end sixty-One hundredths (199.61 Lest to Cho plnma aE BS9ISNISg. BOOY1$QM1PAAE ~' I -~(N11~11 O~)) 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 HOMESIDE LENDING, INC. said facts Contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 12, 2001 Leon P. Haller, Esquire 3EYM+~a'm~~:[.u--;'.tiN..-~~~~amcsT~,mets #tim .r a;:~~t v~,~r.v-.,:ta e~~~€n~fi~va'a~~^~IEUisaf~w:~r~uw. i C vu ~ - ? v ~-~ ': r ~ - :-, ' ~i -- r _ -G .;': _ -a ; li . _, ~ a C. ~' _ ~ ;'i ~ ~~ G) -K ~.. -J SHERIFF'S RETURN - REGULAR CASE NO: 2001-05364 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS PHILLIPS GERALD T JR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PHILLIPS GERALD T DEFENDANT the at 1900:00 HOURS, on the 18th day of September, 2001 at 3810 GOLFVIEW DRIVE MECHANICSBURG, PA 17055 by handing to GERALD PHILLIPS JR 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 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 So Answers: ~~ ~a~ R. Thomas Kline 09/19/2001 PURCELL Sworn and Subscribed to before By: me this ~ day of ~~ Sao/ A.D. ~Ln~i-~ Gn /IiGt_CI~~J A~2~~ Prothonotary ' ~_ ;~,~: HOMESIDE LENDING, INC. PLAINTIFF VS. GERALD T. PHILLIPS, JR. DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS NO. 01-5364 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P R A E C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER By: Leon ~P. Haller Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 12, 2001 C> .-, =r; ~,- ~. __ <. ~~ ~ _ .:' ~~ ,~` ~- _ .~ G '~ p '~ i.D -< C ~C Q 1 \~