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Home My WebLink About01-06445 C,._ j,- ,""~"'-- ,~",' ,0'"",.,;"" ,~'"",', ",,;-<,~-<,,~(&~, , ." WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET .MORTGAGE CORP. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DANIEL C. HILL 61 - {,q'lS Cut 't~ Defendant 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 actiou .within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and l)il\)>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 !geifasemay proceed without you and a judgment may be entered against you by the Court without further notice for any money P\I~i1p.in the Complaint offor any other claim orrelief 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 FORTII 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 SJiRSERVIDO 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 Cp):jTRA LAS QUEJAS EN ESTA DEMANDA. ,,'~li\;. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU ~ARTiCIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y ~q!UERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA -DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U 01ROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. ('J\ \ (J L Ii :' SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DEABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 1':,:\',' ,\~, ,'~ i::. .,. [',' J>, " , ,'- ,t\) '.Ik... '_._',~, ,,,j !liiH".='.'"ilt ." ~.tM if~' ," .. "'~'''''ihilf ~d'\1i .' WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE DANIEL C. HILL, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 J\': i":L.C; 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. -;~~h ' "_\ " ';' PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ,. , ;;j ...",...,....-- ~~'-, - " .,..... ~ ^" , ' -~ ";;;,, ~'ul&t'liii; ., WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : ACTION OF MORTGAGE FORECLOSURE Defendant 0\ - t..'-Itts C;o~l '--r~ DANIEL C. HILL, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY \'i.\ 'MERGER TO FLEET MORTGAGE CORP., is a corporation with an address is P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. J':" 2. Defendant, DANIEL C. HILL, is an adult individual, whose last known address is 125 7TH STREET, NEW CUMBERLAND, PENNSYL V ANlA 17070. 1"~,i : " __'1, 3. On or about, September 08, 1998, the said Defendant executed and delivered a Mortgage Note in the sum of $76,800.00 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, 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 1483, Page 198 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 591, Page 942. The Said Mortgage and Assignment are incorporated herein by reference. S. The land subject to the Mortgage is: 125 7TH STREET, NEW CUMBERLAND, PENNSYL V ANlA 17070 and is more particularly described in Exhibit "B" attached hereto. ,\" 6. The said Defendant is the real owner of the property. J:i ~" ~ ~~ ~' ..~ I ~<.~~ 1_0 ~"'~ '..~ ,"" ""~ Ji';M:~1~ , . .7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July 01,2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $74,784.81 Interest at $15.36 per day From 06/0112001 To 12/0112001 (based on contract rate 00.500%) $3,287.03 Accumulated Late Charges $0.00 Late Charges $28.55 From 07/0112001 to 12/0112001 $199.85 Escrow Deficit $568.62 Attorney's Fee at 5% of Principal Balance TOTAL $3,739.24 $82,579.55 , **Together with interest at the per diem rate noted above after December 01,2001 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. lithe 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 Administration nnder Title II of the National Housing Act and, as such, is not subject to the provisions ofPeunsylvania Act No. 91 of 1983. ~ ~~d'<lu:'- ~~~' ~ L~~""-".,, "' ,'Co" - ',"~"" .J'~"irfJJE'JJ:.".''-:irf': WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.500% ($15.36 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S eriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) 'V: " ;,':jl; Cl>-:~l::' I I I ~ . . i. I ,~ .~ '~ .' " ""f!'i: Jr1kf.~"~k~ FHA. 124714 MultiBtlite :iG\GiNAL NOTE o,,1~:Zi77 FHA Case No. 441-S7884l~1 SEPTEMBER 08. 1998 [Date) 125 7TH STREET NEW CUHSElU.ttND.!A 17010 [Froperty Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's SUCCC8SQrS and asmps, ~Lender" means GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES. L. P. and its successors and assigns. 2. BOIUlOWER'S PROMISE TOPAY; IN'DlRES"l' Inretumfor a loan received from Lender. Borrowerpromisesto pay the principal sum of Eight Hundred and no/100 Seventy Six Thousand DoJIam (U.S. $ -76.800.00 ).plu, interest, to the order ofLender.lnter,,( will be charged on unpaid principal, frcnn the date of di&bursem.ent of the loan proceeds by Lender. at the rate of Seven and one Half percent ( 7. SOD %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECUlIED Borrower's promiseto pay is securedby a mortgage. deedof trust or similar security instrument that is datedthe same date as this Note and called the .Security Instrument." The Security Instnunentprotectsthe Lender from lCUlses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) 11m. Borrower shall make a payment of principal and interest to Lender on the first day of each. month beginniug on NOVllllBER 1?98 . AnyprincipalaDd mtere,t remaining on the m,t day of OCTOBER 2028 I will be due on that date, which:is called the "Maturity Date." (II) Plato paymontshaUbemadeat One West First Avenue, 2nd Flr Conshohoeken, Pa. 19428 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Eachmontblypaymentof principal andinterestwill be in the amountof U.S. $ 537. 00 , This amoWlt will be part of a larger m.ontlily payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Alleuge to 1fds Note for payment adjustments If an a1longe providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporatedinto and shall amendand supplementthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] o lliadunted PajOlenl Allong[] lliowing Eqnity Allonge 0 Other [specify] s. BOIllI.oWER'Il RIGHT TO mPAY !R. ,-':aouowerhaIJ the right'to pay the debtevidencedb,- this Note, in whole or in part, without charge or penalty, on the first day of any month. Lendershall acceptpre~nton othetdays provided thatBorrowerpays intereston the amountprepaidfor theremainderof themoDthto'~ ~,I~1l;U,',.eAbr Lender and permittedby regulations of the Secretary. If Botrowermakes a ~~ 1~e~~~*~~ ~ b~, ~O}~::?l~~'~~ due date or in the amountol the monthly payment unless Lender agrees in , , ~, ,'" ,("<:' ..' ,JiHAMulti5taleFixedRateN~e:"10/.9S\r.j ~.1nlllllol)'Ol ' ......... VMP MORTGAGE FORMS _18001621, .1281, "IL P~a1af2 rnllt"'t,~,.,,_ , , .;', '~":" ,11'1) IIIWIII~mll 1001R1.Frm ,~;.' '. ,," I~.'" EXh'lb;'\; "AI> [S] (Hn ZX008ZX969T) 9t>%S::JUId \'i.1!: ~, ~ J~ ~ ~~~'"~: FHA~124714 6. BORROWElIIS FAILURE TO PAY (Al Late Charge for 0._ Paym.... If Lender has not received the full monthly paymentrequiredby the Security Instrument, as describedin Paragraph 4(C) of t1rls Note, by the end of fifteen caIendardays after the payDl.ellt is due, Lende-rmay collect a late charge in the amount of FOUJ: pexcem.( 4\ (four) %)oftheoverdneamonntofeachpayment. (B) Default If Borrowet:defaults by failing tQ pay in full any monthly payment, thenLendermay, except a8limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and aU accrued interest. Lender may choose not to c.xerclse this optiOll withoul waiving its rigbm in the event of any &ubsequent defaullln many cltcnmstancearegulations issued by the SecretarywilllimiJ: Lender's rights to require.immediatepaymcnt in full in the case of payment defaults. Thi8 Note does. not authorize. accelerationwhen not perm.ittedby HUDregulatioos, AS. 'Used in this Note, .Secretary" means the Secretary of Housing and Urban Development or his or her designee, (C) ~ent of Costs aDd Expenses If Lender has requiredimmediatepaymentin full, as described above, Lendermay requkeBorrower to pay costs and expenses including teasonableand customary attorneys' fees for enforcing this Note to the extent Dot prohibitedby applicable law. Suchfces and costs shaU bear interest from the date of disbursement at the 5aD1erate as the principal of this Note, 1@rRW 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment~ meanstbe right to require Lender to demandpaymentof amounts due. "Notice of di;shonor~ means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requiresa different method, any notice thatmustbe given to Borrower11llder tbi& Note will be given by delivering it or by mailing it by :first class mail to Borrower at the property address abO\'e or at a different address if Borrower has given Lender a notice of Borrower's different address. . ' Any notice that must be given to Lendetunder this Note will be given by first class mail to I..Mder at the address stated m ,raragraph 4(8) or at a different addresa if Borrower is given a notice of that different address. 9. OBLIGATIONS OF l'EJISONS UNDER T8JS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep an of the promises made in this Note, inclodiDg the promise to pay the full ~ountowed. Any person who is a guarantor, surety or endorserof this Note is also obligated to do these things. Any person who takes over these obligatioDS) including the obligations of a guarantor, surety or endorserof tbis Note, is also obligated to keepall of the promisesmadein this Note. Lendermay enfoueits rights underthis Note against each person individually or against all signatories tOgether. Any one person signing this Note may be required to pay all oflhe amonnts owmI under lIDs Note. BY SIGNlNGBELOW, Borroweracceptsand agrees to the tennsand covenants contained in this Note. 11..__/ ~ ,:pd 'DANIEL CRILL (Seal) .Borromr (Seal) --, (s.al) ._, (S.al) .Il<>~ 131 _.1RfIl801J.01 (S..l) Pay to the order of -Bo~r V'tl I ROOO"fS. (s.al) ,fifi;l~;;;;o~ KATRINA LUCAS Peg'.;t 012 Oocument Exgcutlnq OfflC~ f0- FLEFT MOR'F€lAGE C<< 1001R2.Fnn (Seal) [9] (Hn z:xOOSZ:X9691) 9179SC;8U1d L11111, c... " ~-- ~'~ I' I. "'. '~ ..'" Frnc55646 (1696x280.0x2 'tiff) [28J Firat American Title Insurance Company commitment Number: 9B0324 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follo~: ALL THAT CERTAIN lot or parcel ot land situate in the Borough of New Cumberland. County of Cumberland and State of Pennsylv~nia. bounded and described as follows: BEGINNING at the northwest corner of Seventh Street and a ten (10) foot alleYi said alley being the first alley east of Market Street; thence in a southwesterly qirection along the northerly line of Seventh Street, 32.45 feet to a point; thence in a northwesterly di~ection on a line parallel with Market Street and through the center of the partition wall between houses No, t25 and 127 Seventh Street, 75 feet to Lot No. 224 on the hereinafter mentioned Plan o~ Lots; thence in a northeasterly direction along said Lot No. 224, 32.45 feet to the aforesaid ten (la1 foot alley; thence in a southeasterly di~ction along said ten (10) faot alley, 75 feet to Seventh Street, the plac~ of BEGINNING. BEING the easterly portion of Lots Nos. 225 and 226 on a Plan of Blkwood as recorded in the Cumberland County Recorder's Office in Deed Book 5-M, page 498. HAVINQ THEREON ERECTED the easterly one-half of a double brick dwelling hoUSe known and numbered as 125 Seventh Street. BEING the same premises which Julie Trego Manta and Jon Sam Manta, afk/a John S. Manta, her husband, by Deed dated February 24, 1989 and recorded March 16,1989 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book V-33, page 713, granted and conveyed unto Stephen C. Coyle and Myong C. Coyle, his wife. ,"".;."."'''-...-",'(,....11'1. -i"" <"'!'!lIS.'" ..,- '0...1"\ '0 ',', ';'" f{)<f.. ............:.c-.A",.c. . .,,", c. ....-"'l-...!'Il:~. Z'r State of Pennsylv'n1' } 6 j; I,j ."<:.J.'" ".r;I '0.1 County of Cumberland 8. ,s1Al/;/ ~ ~'}t;~.. '? jI;.{1~.t, Re~o dad il\~'M office for tho ,ecEj' IngofOoeds '.I'i'lll: ld/ fj~;.:>..; 'III " ec andf. berland County, Ill: ~,~~t t.'If}}\t:~. ~ ' in Bo - r.::::-p (k-/ ~'_ .... ~~.\"A' witn !;is rf!Y ha.nd I of offi :1 D '''t .~' ..~;~}Ii ~z f ~ Carlis ,A & day 1~ ~f. ~~.."..<i~. .f I .1~C'.'1I.": l1~lt;~~}i~{~:; ALTA Conmitlnent Schedule C BOOK1483iAGf;206 ""':1> EXh;b+ '"(3" ~ "~- ,- L..' ~.ii.~.i,,--' "-""A.1l""'i'~ '. 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 WASHINGOTN MUTUAL HOME LOANS, INC. SUCCESSOR BY MERGER TO FLEET MORTGAGE 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: November 8, 2001 Leon P. Haller, Esquire IE !~~~~"mt~g"M$i,~ ~ ~fl~,;"';i:,,-i:;; ,~'O: ""_'';:~J<jfi;';:ili>'''c!\~'''Ij,bOI l)-jd~'>'"L\1"'"'~"""1' "' S"""b:~'i1t+{i.$'l\J,jt{+.?,~,1ini.j~_' - , liM~~~M\.-~ , -,-'"",,,~<--~" ........ "- "'Q --.) ~ ~,=^,"" '.~~."" '.",' ", ,~, '~ ~l -.11 ~ ~ ; ~ ~ r; Vt.~ ~ 9 & ~ ;::c)/v F~ J. "!jli1!.di umUUIIlm e "tJlS. ryFf: '-.1') 2:t;.:" Cf'>....... ;:s ;." $:e, -'"" --" ;; 8 :i: c:::: z =< c, ~ ;:::, '< ,;;7 ;,{f8 __",-l, ~~f;J; -",,) om );! ~ i" i {~" " " 8 ,-,^,~,~, ''','."'''-'"",. ,<""-,,' ,,~ ~ -:,'h "<:,__14,I'j;,Jl!A~",~1,,~,,b,j,q.-~~4, _,~]JL:,,~~"_,lr~~,1!lr : '", (;''~'::,:J~~ Co.) w .. 'Ul f" ~.~!'" - ~ .---iJ@' -".'~ ",~~.,", ....,. ~","",..~~,"~~,~,~"j .lIl'llili. -' '.~?/i;l1d,;,';' SHERIFF'S RETURN - REGULAR CASE NO: 2001-06445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS , VS HILL DANIEL C 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 HILL DANIEL C the DEFENDANT , at 1720:00 HOURS, on the 16th day of November, 2001 at 125 7TH STREET NEW CUMBERLAND, PA 17070 by handing to DANIEL HILL 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: 18.00 11.05 .00 10.00 .00 39.05 r~-f<:/;2?J R. Thomas Kline 11/19/2001 PURCELL KRUG HALLER 'I!::: me this ;U day of Sherl Sworn and Subscribed to before By: ~ ~( A.D. q,~ {2 ~/4ar 'Prothonotary II