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Home My WebLink About99-03631 uV 1e M r-I 1 f ?MI -J 0 SOUND FULL LIFETIME WARRANTY COLOR T-120/246m GE CAPITAL MORTGAGE : IN THE COURT OF COMMON PLEAS SERVICES, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. q9• 3(-31 e,,- RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON : IN MORTGAGE FORECLOSURE Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E 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 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 may be entered against you by the Court without further notice for any money claimed in the Complaint or 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 Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S 0 LE HAN DEMANDADO A US TED 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, REGIS THE 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 PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR 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 DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IbMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff Vs. RAYMOND L. WILSON AND CAROL E. WILSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 51601: 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 within 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff GE CAPITAL MORTGAGE : IN THE COURT OF COMMON PLEAS SERVICES, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 9q• 36 31 CLa T.- RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON : IN MORTGAGE FORECLOSURE Defendants C O M P L A I N T 1. Plaintiff, GE CAPITAL MORTGAGE SERVICES, INC., is a corporation, with an address of 4680 Hallmark Parkway, San Bernardino, California 92407. 2. Defendant, RAYMOND L. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. Defendant, CAROL E. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. 3. On or about October 8, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $77,418.00 payable to BANK UNITED OF TEXAS FSB, 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 1169, Page 670 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to GE CAPITAL MORTGAGE SERVICES, INC. and ke` recorded in the aforesaid County in Mortgage Book 485, Page 1195 on November 14, 1994. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324 and is more particularly described in Exhibit "Ell attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 74,192.95 (b) Interest at $15.46 per day from 6/1/97 to 7/1/99 (based on contract rate of 7.500k) 17,392.50 (c) Accumulated Late Charges 116.36 (d) Late charges at $21.65 per month for 37 months 801.05 (e) Escrow 0.00 (f) 5t Attorney's Commission 3,709.65 $ 96,212.51 *Together with interest at the per diem rate noted in (b) above after July 1, 1999 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 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. 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 7.500% ($15.46 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, RUG LLER By Leon . Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 PREPARED BY: 'TINA FOULDS VNPA s,r,,. n-or.. o .............. 008488579 I-ENNSVIA'ANIA MORTGAGE NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. S *77,418.00 CARDNERS • Pennsylvania. OCTOBER 8TH I9 93 FOR VALUE R liCEIVIA). the undersigned, RAYNOND L. WILSON AND CAROL E. WILSON , ...talila. P.?.'1L E D hereinafter called Illy Maker, proutises to pay to (9K5 UNITED OF TEXAS FSB, 3200 SOUTHWEST FREEWAY, 02000, HOUSTON, 77027 order, Ndfrt mganieed and existing tinder the laws orthe 'firE UNITED STATES r designated as the payee, the principal swn of SEVENTY SEVEN THOUSAND FOUR RED EIGHTEEN AND 00/100 Dollars (S **77,418.00 ) with interest floor date al )lie rate it SEVEN AND ONE-HALF per centum ( *7.500 Mr) per annum on the unpaid balance until paid. The said principal and interest shall he payable at the office of BANK UNITED OF TEXAS FS8 in at HOUSTON, TEXAS 77027 or such place as the holder may designate in writing in monthly installments of FIVE HUNDRED FORTY ONE AND 32 / 100 Dollars ($ ****541.32 ), commencing on the first day of DECEMBER 19 93 , and nn the first day of each month thereafter until the princi. pal and interest are fully paid, except that the final payment of the entire indebtedness evidenced hereby, if not sooner paid. shall be due and payable oil the first day of NOVEMBER • 2023. Privilege is reserved to prepay al a1y tittle, without prctnttol or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or One Hundred Dollars 1$110.0O), whichever is less. Prepayment in full ,hall Ile credited ,it the date received. Partied prepayment, of her than twit un installment dire date, need not he credited until Idle ]text lidlowing irot:llolenl title dare ur Ihirly days alter such prepayment, whichever is earlier. Sinnltancously with the execution of this Note the Muller has executed and delivered w the Payee a Mort. gage secured upon certain premises situated to the Coumv tit CUMBERLAND Commonwealth of Pelusylvania, more particularly described in the Mortgage. All of the terms, covenants, provisions, conditions, stipulatinnsand agreements contained in said Mortgage to be kept and perloruied by the Maker are hereby node a part of this Note to the same extent and will, the same force and effect its if they were fully set forth herein. mud the Maker covenants and agrees in pertin]tI the s:uue, or cause the same to be kept and perlor sled. strictly tit accordance with the terns and provisions thereof. The whole of the principal still or ,try Imo thereof, and of any other sums of money secured by the Mort. gage given to secure this Note, hall, lunlovilh, at the option of the Payee or any subsequent holder thereof, become due and payable tmniediately, aithnut notice twr demand, il' dcla It be made in any payment under this Note, and if the default is riot made good prior to the due date or the next such insmllmenr, or upon the happening of any default which, by the tents of the Mortgage given o secure this Now, shall eat tic llc Payee, or any subsequent holder hereof, to declare the same, or any part thereof, to be line and payable. The Maker does hereby empower any attorney of any coup of record within the United Stales or elsewhere al appear for Maker, with or without a declaration tiled, and confess judgment or judgments against said Maker in favor of the Payee or any subsequent holder hereof, as of any teen, for the entire unpaid principal of this Note, and all other sums paid by the holder hereof to or on behalf of the Nlaker pursuant to the terms cif this Note or said Mortgage, and all arrearages of interest thereon, together with costs of suit, attorney's commission of 5.0000 el, for collection, and a release of all errors, ,it which judgment execution or executions may issue ronhwith. The maker herebv waives the right of inquisition an all property levied upon to collect the indelnedness evidenced hereby and does voluntarily condemn the same and authorizes the Prothonotary to enter such Wondenuuulon. and waives and releases all laws, now in force ,it hereallei enaocel, relating ill exemption, appfaisenicin or stay of execution. "file agreement herein contained shall bind, and the benefits and advantages shall inure m, the resptt9ivc successors and assigns of the parries hereo. Wherever used, the singular number shall include die plural, tire plural the singular, and the use of any gender shall he applicable to all genders. IN WITNESS Wl HERL'017, the Mukcr has cased these presenm in be executed upder seal the d:rv and year first abuse written $Ipile'd, .,',tell and Delivered to the Presence of. (Seidl /qy, n R?ND L. WILSON - 1J N-j (Seid) y% CAROL E. WILSON (Seal) (.-?L.a!Lr/_(`LSlLF.:2,lt?_._ ?U'tl__./.?ISeull tuts IS Ill ('Lit 111 Y lino ill,, is tire Mile dewrilw on read estate Mantled in CUMBERLAND N'li4gNf YGL WINIIY AI SImJIN, IIrI"ANY HI'%itt tANltbk; n;,ly) LtINORMANDGNNIY ,,I+ rn....C "re I I lglo', nNi11Rt 3. IM - red fly Mortgage of even dear het es, at .mucd Courtly. Commonwealth of lbouylsania. , ALL that certain lot of ground situate In Dickinson Township, Cumberland County, Pennsylvania, bounded and described In accordance with a survey by Thomas A Neff, Registered I? Surveyor, dared September 20, 1971, as follows: i BEGINNING at a spike in the center line of Township Route T-524 at corner of lands now or formerly of Lawrence R. Heberlig and wife; thence by said lands of Habsrlig through an iron ?I pin 20 feet from said point of Beginning, SOtrth 77 degrees 30 minutes West 130.76 feet to an iron i pm: menca by the Game, North 26 degrees 23 mltlUteB Wa througn an Iron pin 20 feet from the 0 OT thencalby th center Iine of sold o 2?SONPR. te T 529 North 77 degroea 30 m uleaRFast 234270 a in li fast to a spike r of et the imersecdan of the comer Ilnn of the sold Township Routes T.529 and T•524; ' thence by the center Iine of the Bald Township Route T 524, South 8 of egrees 38 minutes 30 I seconds West 171 feet to a spike, tha Piece of IlPOINNINO; CONTAININO 1.044 acre. MAY. 27, 1999 2:55PM HAILER Hbg, P3, 17102 NO. 1011 P. 6/6 COMPANY NAME : Ov CUMAL M MGM SFFVI?S, ZC. Y_ERIFIGnTTON I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: J[PE ll, 1999 A o A Title P Q. A?, AA I?? i f w Yi d ? A y ? R Ll b u 5 asaGU3 eM 33 63 • R. sslcn ?scs? 'g. p Wl WAlY MN n31ILST GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff VS. RAYMOND L. WILSON AND CAROL E. WILSON TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA No. 99. 363! ?, • / /ear. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE Kindly settle and discontinue, without prejudice, the above matter of record. PURCELL, KRUCt & HALLER BY: Leon P. Haller I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 (Attorney for Plaintiff) DATE: June 22, 1999 L: ? ?l - j L W 5 IMTfi1fY • 1D iil Lw Mv. M1Y':Y fG ItY CH RMl W AfNnG 1w0)131wIG1T LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FAX (717) 233-1149 JOSEPH NISSLEY (1910.1882) LEON P. HALLER ANTHONY DISANTO JOHN W. PURCELL 1R. OF COUNSEL VALERIE A. GUNK JILL M. WINEKA HERSHEY 1099 GOVERNOR ROAD (717) 53348M June 22, 1999 Prothonotary Cumberland County Courthouse Ist Floor 1 Courthouse Square Carlisle Pa. 17103 RE: GE Services Mortgage, Inc. VS: Raymond L. Wilson and Carol E. Wilson No. 99-3631 Civil Tenn IN MORTGAGE FORECLOSURE Dear Sir/Madam: Enclosed please find Praecipe in the above referenced matter for filing. Please return a time-stamped copy of the Praecipe to me. A self-addressed envelope is enclosed for your convenience. Thank you for your cooperation. Please contact me if you have any questions. Very truly yours, Leon P. Haller LPH:smw Enclosures SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-03631 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES I VS. WILSON RAYMOND L ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: WILSON CAROL E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant WILSON CAROL E ATTORNEY REQUESTED COMPLAINT'S BE RETURNED UNSERVED ON 6/22/99. Sheriff's Costs: So answerw: Docketing 6.00 Not Found 5.00 Affidavit .00 Surcharge 8.00 II R7?I omas ine, fie i r $?U 06?23/1J9KRUG & HALLER Sworn and subscrib to before me this 23AA- day of _ 19? A.D. 777???? rr oo??ary? ._. - -- . SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-03631 P COMMONWEALTH OF PENNSYLVANIia: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES I VS. WILSON RAYMOND L ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: WILSON RAYMOND L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named defendant WILSON RAYMOND L PURCELL, KRUG & HALLER Sheriff's Costs: So answers: Docketing 18.00 Not Found Return 5.00 Affidavit .00 Surcharge 8.00 FF?? R7- om s in S i $30 PU CEII199x9RUG & HALLER Sworn and subscribed to before me this ML4 day of 19q_ A.D. 0 ono ar q i GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff vs. RAYMOND L. WILSON AND CAROL E. WILSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. () 9- -31. 3 / cx P rc CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E 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 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 may be entered against you by the court without further notice for any money claimed in the Complaint or 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 Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S 0 LE RAN DEMANDADO A USTED EN LA COUTE. SI DESEA OEFENDERSEE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PAPA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA COUTE 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 DENuVVDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR 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 PERDSR DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAIMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORD in Testimony whereof, I hore unto set my hand and the seal of said C9uq at Carlisle, Pa. This`/Y day of 19? _?s"-' " ? ?7 oa tear Prothonotary GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff Vs. RAYMOND L. WILSON AND CAROL E. WILSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW - : IN 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 within 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff GE CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. RAYMOND L. WILSON AND CAROL CIVIL ACTION - LAW - E. WILSON IN MORTGAGE FORECLOSURE Defendants C O M P L A I N T 1. Plaintiff, GE CAPITAL MORTGAGE SERVICES, INC., is a corporation, with an address of 4680 Hallmark Parkway, San Bernardino, California 92407. 2. Defendant, RAYMOND L. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. Defendant, CAROL E. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. 3. On or about October 8, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $77,418.00 payable to BANK UNITED OF TEXAS FSB, 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 1169, Page 670 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to GE CAPITAL MORTGAGE SERVICES, INC. and recorded in the aforesaid County in Mortgage Book 485, Page 1195 on November 14, 1994. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324 and is more particularly described in Exhibit °B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 74,192.95 (b) Interest at $15.46 per day from 6/1/97 to 7/1/99 (based on contract rate of 7.5000 17,392.50 (c) Accumulated Late Charges 116.36 (d) Late charges at $21.65 per month for 37 months 801.05 (e) Escrow 0.00 (f) 5%- Attorney's Commission 3,709.65 $ 96,212.51 *Together with interest at the per diem rate noted in (b) above after July 1, 1999 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 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. 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 7.5000 ($15.46 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. PURCEV RUG LER By Leon ller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 PREPARED BY: 'r INA FOULDS VNPA .... ...... -1084 88 5 7 9 MORTGAGE NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, , PCllln)haII1J. I +77,418.00 CAR MIN l'ALUIi 141--( 'ISI\'I'. U, Ills uuJarucneJ. OCDNTOEBERSR STU 1) 93 RAYMOND L. 'WILSON AND CAROL E. WILSOS hereinafter called the Alaker. promises to pay to 'G BAVK UNITED OF TEXAS FSB, 7200 SOUTHWEST FREEWAY, 92000, HOUSTON, .(,i?-TE.?fIS 77027 . al nrJcr, %%0f[b% NW1 orgauited and existing under the laws of the THE UNITED STATES 11erolla er designated as file PJree, lbe principal sum mf SEVENTY SEVEN THOUSAND FOUR N BRED EIC H T E EN AND OO/100 111111 ;merest front date ill fine rate or SEVEN AND ONE-HALF Dollars IS **77 , 418.00 ) •7.500 a'a) per anunlu on the unpaid balance limit paid. The said p?neip andlimeresf .11,111 be payable at the office of BANK UNITED OF TEXAS FSB ill at HOUSTON, TEXAS 77027 or such place athe holder may designate in writing in mmnthly ilutulhnents of FIVE HUNDRED FORTY ONE AND 31s/LOO Dollars IS ****541.I2 1, commencing on the first dal, of DECEMBER 19 93 , and on the first day of each month thereafter until [he princi• pal and interest are fully paid, except that file rural payment of the entire indebtedness evidenced hereby, il' not sooner paid, limit he due and payable an fine first day of NOVEMBER , 2027. Pri%dege is reserved it, prcpuy at ally time, without preoliunl or fee, file entire indebtedness or :lily pan [hereof not Ins than [lie amount of our 11111LIlllnen6 or One Ifundred Dollars I)IO0.00), whichever is less. Prcpaynrcnl in full .hall be erediled ou the Jule receded. Partial pl ePayment, other Ihon tin an intallnlent due late, need nut be audited until foe lieu Iallowhlg insl:dlumnl dole dme,, [burly days filer .uch Prepayment, whichever h c.ober. Sinmllaneously who the execution or this Nate the .Nluker has executed and delivered m [Ile Payee a Moro- gage secured upon curtain Prenlnes siunued in the County ul' CUMBERLAND Commomsa:dlh of PemisYNaniu, more particularly described in the Alorlgage. All lily the terns, wrenunts, pruvhimn, conditions, slillul-Ilimn unit ayrcemm?ts emuained in said .Mortgage to be kept and performed by the Maker are hereby made :I part or du% Note lu the sail extent and 11;11, the same force and effect as if they "ire full)' +el torsll herciu. and the ]faker oolcuauls:n d agree, m pariorin file same. it came the same m be kcpl auJ pcrlormed. alrletl)' III accordance "1111 the [elms :uW provisions [hereof. The "hale lit' the principal sunl e1 ally part thereof. Jud of anv other sums of mmiey ,cured by the xlorl. 9490 911en to secure Ion Note, shall, lonhwilh, at the option of the Payee or any subscil holder therms, become Jue and payable intinedidwly. "about noiee tar demand, if ilet IIIII Ill' Ilmde in any payruenl outiv'f IRIS .soft, and it the default is not made good prior rl the dUC d'JIC or life next well imtalln enq or upon Ilse happening of ally del:nd1 11 hide, by the onus of [he.\IongaNO given [,) secure this Note, shall entitle the Payee, or any subseyueul holder herein', [o declare the little. ill' any part dnercol, to be due and payable. ' The \laker does hereby empower any attorney of any court of record within the United Sates or elsewhere to appear for Alaker, with or without a declaration filed, and confess judgment or judgments against said Maker in favor of tile Payee or any subsequent holder hereof, as of any term, for file entire unpaid principal of this Note, and all other sums paid by the holder hereof to or on behalf of the Slaker pursuant to the terms of this Note or said Mortgage, and all arrearages of interest thereon, together with costs of suit, attorney's commission of 5.0000 its, for collection, unit a release of ..It errors, an %,hich judgment execution or executions may issue forthwith. The maker hereby waives the right of inquisition on all property levied upon to collect the indebtedness evidenced hereby and dues solmuurily condemn the same and authorizes the Prothonuuxv [oenter such condemnation, and waives and releases all 1a11 s, nm1 In force of herr4no ella"ed. relating lo exemption, eppfalserncni or stay of r%ecmloa. File Jy'fect"cllli herc111 contained dlall [)Ind. and the benefhs and advantages Shall Inure la. the roprtrvc 'tWeesurs and :nengm w [he Ilarlles hereto. Wherever used, the singular number Shall IIICIudC Isle PIIIfal, Ills' 11tirill file singular, and the use w any ge der shall he applicable to all genders. IN \x'ITNINS W1 ILR1:017, the Maker Ims caused these presenn bI be executed updcr seal [he day and )ear first abose srilvi. / 1 1 signed. Syakd and Udiverrd ill the Presence lily: e'. t'__A )15eall /f 'RAYMOND L. WILSON CAROL E. WILSON II IN ill Ill t I R 1 II Wm Ion 11 Ills No, dex'nbc nI real estate oualcd of CO)IBERLASID •:nI ", t SEAL W' M:Y M :al m IN, 1111?NY 11111116 I}Hoof: nnllli LuVtlt0lIUU pIDNIY ";Wist 1. Is" rctl by \1u11gagc ul cldl ,Lm hr: a°a.lu ... I ?alllll)', ('u10111U.... fah 1 ul I': eau l...... ALL that certain lot of ground situate In Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Thomas A Nett, Registered II Surveyor, Dated September 20, 1671, as follows: I I BEGINNING at a spike in the center line of Township Route T-524 at comer of lands now or formerly of Lawrence R. Hsberllg and wife; thence by said lands of Haberlig through an iron p.n 20 feet from sold point at Beginning, South 77 degrees 30 minutes West 130.76 feet to an iron i pin; thence py me Same, Nonn 25 degrees 23 minutes West mr0ugn an Iron pin 20 feet frarn the comer line of Township Route T-523, 250 feet to a spike in the comer of said Township Route T•523; tr,.ence by the center line of said Township Route T-523, North 77 degrees 30 minutes East 234.10 . i fact to a spike at the Imarsectlon of the comer line of the said Township Routes T-S23 and T-524; I thence by the center line of the sold Township Route T-524, South 6 degrees 36 minutes 30 II seconds West 250.71 feet to a spike, the Piece Of BEGINNING; CONTAINING 1.044 acre. ME. 27. 1999 ? ..cM HAL:E.°, ?.g. Pi. 171011 NO. 1011 P. COMPANY NAME : C£ CA IXM M1i UM SU;V=, BC. VERIETCATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4,904 relating to unsworn falsification to authorities. Dated: JUKE ll 1999 J?) Title l?-?t! IrX A qI (l ?? _? •, GE CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 99. 3631 dLd RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON : IN MORTGAGE FORECLOSURE Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N 0 T I C E 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 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 may be entered against you by the court without further notice for any money claimed in the complaint or 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 Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S O 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 AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA COUTE 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, BE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR 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 DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMEDIA^4MENTE. SI NO CONOCE A UN ASOGADO, LLAME AL "LA'nlER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 7PLI CO;=Y FROM RECORD Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 In Test:moay wriereof, I here unto set my hand 717-243-9400 a -,d the seal of said C at Carlisle, Pa. Prothonotary' GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff Vs. RAYMOND L. WILSON AND CAROL E. WILSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN 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 within 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff GE CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS SERVICES, INC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. NO. 99-. 3G31 CL;J RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON : IN MORTGAGE FORECLOSURE Defendants C O M P L A I N T 1. Plaintiff, GE CAPITAL MORTGAGE SERVICES, INC., is a corporation, with an address of 4680 Hallmark Parkway, San Bernardino, California 92407. 2. Defendant, RAYMOND L. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. Defendant, CAROL E. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. 3. On or about October 8, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $77,418.00 payable to BANK UNITED OF TEXAS FSB, 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 1169, Page 670 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to GE CAPITAL MORTGAGE SERVICES, INC. and recorded in the aforesaid County in Mortgage Book 485, Page 1195 on November 14, 1994. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $15.46 per day from 6/1/97 to 7/1/99 (based on contract rate of 7.50016) (c) Accumulated Late Charges (d) Late charges at $21.65 per month for 37 months (e) Escrow (f) 5% Attorney's Commission $ 74,192.95 17,392.50 116.36 801.05 0.00 3,709.65 96,212.51 *Together with interest at the per diem rate noted in (b) above after July 1, 1999 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 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. 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 7.5006 ($15.46 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. PURCELL, ARUG/€a HALLER By i Leon Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 PREPARED BY: 'TINA FOULDS - V N P A 008488579 1.6 MORTGAGE PIi.VN5Y1.?':.NIA COTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. i +77 , 418.00 GARDNERS I'enmyl\'ania. OCTOBER 8TH IOR VALUE til! I[I"LU, the undvr,fgned, RAYMOND L. .l ly g 3 I.%: A14 I E D fLSON AND CAROL E. WILSON _.l[I . hereinafter called the hlakcr, practises to pay to ?° B K UNITED OF TEXAS FSB, 7200 SOUTHWEST FREEWAY, 02000, 77027 HOUSTON, v(?j?-TE. S %%a1MM MOil organire'd and exi,ling under (llc laws of the THE UNITED STATES , or order, hrreina' er designated as the payee, the principal sum of SEVENTY SEVEN THOUSAND FOUR N ORED EIGHTEEN AND 00/100 with interest front date at the race or SEVEN AND ONE -HALF p *77 Dollars ISer * cenoin 1 *7.500 0") Per annum on the unpaid halanee uo..I paid. The said principal a,ait ternt shall tic payabhc au life Office of BANK UNITED OF TEXAS FSB at HOUSTON, TEXAS 77027 .Ill may designate in writing in monthly itlsfallmems of FIVE HUNDRED FORTY ONE AND 32/100 the first day of DECEMBER Dollars IS k***541.32 is commencing on the ER , 19 93 , and on the first day of each month thereafter until the princi. pal and interest are fully paid, except chat the final payment of rile entire indebtedness evidenced hereby, il' not sooner Paid, shall be due and payable on the first day of NOVEMBER 2027 Priv ilcge is reserved ea prepay at ally time, without premiun or fee, the entire indebtedness or any pan he 'lot less (hall tine amount of one install... cut, or One l'llllldred Dollar, f 51110.10)1, w'hic'hever is less. prepayllletll 111 full shall be credited On the due received. Partial prepaylllcin, ocher than on all installment due date, need not be credited 'full file nest Ildlowing insc:dlnu'In due Jane o, luny days ulhr +u.1, prepayment, whichever - h earlier. Simultaneously with the execution of this Note the stalker has exeeurcd and delivered to the Payee a Mort- gage secured upon certain premises siwared in the County of CUMBF. BLAND Cualmonwealch of Pennsylvania, more particularly described ill life Mortgage. All of rile terms, covenants, provisions, conditions, stipulations and agreements confined in said Mortgage to be kept and performed by the Alakcr arc hereby made it Part Ill this No,e la if, Va111C extent and with the same force and effect as if thev \,-re fully set "'fill herein. and the NlAer eo\e•tlml is and agree to perform ill, I m e, or cause die s:une m be kepn and pcrlimucd, strictly in accordance \11111 the ueruu and provisions thereof. The whole of the principal sum or any part thereof. and of any ,(her sums of money steered by the %lort- 09c given to secure this Noce, shall, lunllssnil, at the option ,rI the Pavee or any subsequent holder thereof, become due :Old payable immcdiutely, without notice or demand. if default be nude in ally payment under , and ,lathe default . by this not made gaud prior n) the d this Nutt ue Jute or the next such inlallnlellt: or upon the happening Of acv default which, by the terms of chc.Niongage given w secure this Note, shall emide• the Payee, ur any subsequent holder hereof, to declare the same, or any part thercul. to he due and payable. The Maker dues hereby empower any attorney Ill' any cutir, of record within the United states or elsewhere co appear for hiker, wish or without a declaration filed, and confess judgment or judgments against said Maker in favor of the Payee or any subsequent holder hereof, as of any term, fur the cmirc unpaid principal of this Note• and all other sums paid by the holder hereof to or on behalf of the Maker pursuant to the terms of this Note or said Mortgage, and all arrearages of interest thereon, together with costs of suit, attorney's commission of 5.0000 ef, for ColIcctlnll. and it release if all errors, oil \rhich judgment execution or executions play issue lonlnvuh. The maker hereby waives she right of inquisition on all property levied upon to collect the indehednes evidenced hereby and does colullianiv condemn tie same and altlhorizcs the Prolllolmlary [center such CnWetnnatimn, and waives and release all laws, thaw In force or hereafter enacted, relating in exempltun, upprasenfent or stux' of execution. file agrecri llls bereft contained Vital] bind, and the bend-is and advantages shall inure iU, the respective vlcce Ors and assign, in the parties hereto. Wherever used. the singular number shall include the plural, file plural the singular. and the rise tit .m1' lender shall Ile applicable to all genders. IN WITNESS WHERH01e, file Maker has caused these presents to be executed updcr seal the day and year first abose mucti. signed. aled and Ddivered in the Presence fl': ? n-??r2. t rl / )_ j•. uj Seals ' R.-Yd10N0 L. WILSON scab CAROL F. WILSON - -? --- /'_- --r----._-__-_._._._ ./_/____ ?• __ -___.__(s_ (Seal) I'IIIS K 111 (I If I II 1' that Ills Is the N,nc 11c,u1hcJ In n1d ,cufed by Nlongage'I even ,Lae ilea swab ,ens al ,m real estate unaunt in CUMBERLAND I'e a,V. onnnom\callh,n 1•cnnsyhanln. •:01 x41%1 SfAI Yc N'IYN IIIIIPNY IgIIIIC I.xMUa!: n:'lei 6nNU19U11U I,n1 is 1 t? r` / 1\s1 l . 1. 1590 _ ? 1 _ °??t'?-' .. . ALL that certain lot of ground situate h Dickinson Township, Cumberland Coumy, Pennsylvania. bounded and described in acxordance with a survey by Thomas X Neff, Registered II Surveyor, dated September 20, 1871, d follows: I BEGINNING at a spike in the center One of Township Routs T-524 at corner of lands now or formerly of Lawrence R. Haberlig and wife; thence by said lends of Habodig through an Iron i pin 20 feet from said point of Beginning. South 77 degrees 30 minutes West 130.76 feet to an iron pin; tnence cy the same, North 26 degrees 23 minutes West tnrougn an iron pin 20 feet from the center line of Township Route T•523, 250 feet to a spike in the center of said Township Route T•523; thence by the center line of sold Township Route T-523. North 77 degrees 30 minutes Past 234,10 feat to a spike at the Intarsection of the center lines of the said Township Routas T.523 and T-524; I thence by the center line of the said Township Route T-524, South 6 degrees 38 minutes 30 seconds Walt 200.71 feet to a spike, the Piece of BEGINNING; CONTAINING 1.044 acre. i li MAY, 27, 1999 2:55PM HALLER Hbg, Pi. !7102 COMPANY NAME : CE aAPPII4I. MUMCE SUN=, BC. VERIFICATION NO. 1011 P; 6/6 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: JUKE ll, 1999 By /L Title l? ?1 X l As. ?jQ lw 1 4 J' V rLmn GB GE CAPITAL MORTGAGE SERVICES, INC. Plaintiff VS. RAYMOND L. WILSON AND CAROL E. WILSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99. 3c 31 C' L4 7-,- : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E 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 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 may be entered against you by the Court without further notice for any money claimed in the Complaint or 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 Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S 0 LE HAN DEMANDADO A LISTED 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. PAPA 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 LISTED NO REPONDE A ESTA DEMANDA, BE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RA20N DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 ? OPY FROM RECORE) Legal Services, Inc. TRUE 8 Irvine Row, Carlisle, PA 17013 w hand 717-243-9400 in Testimony whereot, I here unto set my and the seal of said C at Carlisle, P9 - This day 0 Prothonotary i t GE CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON : IN 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 within 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 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff GE CAPITAL MORTGAGE : IN THE COURT OF COMMON PLEAS SERVICES, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 99. 34-31 Cca?Q Tom. RAYMOND L. WILSON AND CAROL : CIVIL ACTION - LAW - E. WILSON IN MORTGAGE FORECLOSURE Defendants C O M P L A I N T 1. Plaintiff, GE CAPITAL MORTGAGE SERVICES, INC., is a corporation, with an address of 4680 Hallmark Parkway, San Bernardino, California 92407. 2. Defendant, RAYMOND L. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. Defendant, CAROL E. WILSON, is an adult individual whose last known address is 65 HALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324. 3. On or about October 8, 1993, the said Defendants executed and delivered a Mortgage Note in the sum of $77,418.00 payable to BANK UNITED OF TEXAS FSB, 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 1169, Page 670 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to GE CAPITAL MORTGAGE SERVICES, INC. and recorded in the aforesaid County in Mortgage Book 485, Page 1195 on November 14, 1994. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 65 14ALFMILE DRIVE, GARDNERS, PENNSYLVANIA 17324 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 74,192.95 (b) Interest at $15.46 per day from 6/1/97 to 7/1/99 (based on contract rate of 7.500%) 17,392.50 (c) Accumulated Late Charges 116.36 (d) Late charges at $21.65 per month for 37 months 801.05 (e) Escrow 0.00 (f) 5% Attorney's Commission 3,709.65 $ 96,212.51 *Together with interest at the per diem rate noted in (b) above after July 1, 1999 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 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. B. 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. 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 7.500%r ($15.46 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. PURCELL, RUG LLLER By Leon . Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 PREPARED BY: TINA FOULDS VNPA 008488519 MORTGAGE NOTE hh••,,L \NL\ NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, i 4771418. 0U CARONERS Ircnmvtvania. FUR V.\LUIi ItHClil till U. the uudcr,micd• RAYMOND L. sJ LLS ON OCTOBER 8TH x[1)093, .`x111 {tl,L E U AN CAROL C. B K UNITED OF TEXAS FS bcreioatter called the Alaker, promises to pay E m B, J200 SOUTIiWEST FREEWAY, #2000, . S 77021 HOUSTON, r(?/?"T 110i organized and exist... I, under the laws,,'tire THE UNITED STATES ,' order, 1-1-1 er designated as the I'ayce. ,he principal stun of SEVENTY SEVEN THOUSAND FOUR H DRED EIGHTEEN AND 00/100 *77,41 al I 8.00 ) mid, iu,eres, from date as tiro rate of SEVEN AND ONE-HALF Dollars lp * tu *7. 500 a'u) per unnun, on the unpaid balance until paid. The said principal ,ad intcrcu shall be payable at tile of lice of BANK UNITED OF TEXAS FSB at HOUSTON, TEXAS 77027 in may designate in writing in month, or such place as the holder y installments of FIVE HUNDRED FORTY ONE AND 72/ 100 first day of DECEMBER Dollars (5 ****541 .72 ), commencing on the . 19 97 , and on the first day of each month thereafter until the princi. Pal and interest are fully paid, excep, that the final payment of the entire indebtedness esidenced hereby, if not sooner paid. 111111 he due and payable on the first day of NOVEMBER 2027 Pri,ilege is reserved to prepay at aav time, without premium or fee, the entire indebtedness or any part thereof no, less that] shc aulount of one installment, or One Hundred Dollars 15HIU,od), whichever is less. 11r41paynlent in full ,hall be cndiled un dce date rcsis ¢J. finial prcpaymen,, other than un an installment due dive, aced nut be crcdital limit life nest NATO sing hisudt11cnl due date ur thirty days suer ,nth prepayment, whichever IN cerltar. Simuhancously ,,fill file execution or ,his Note ,Ile %Taker Ilas CUCLUCd and delivered to the Payee a \lon. gage enured upon certain prcmiss sheared in the County of CUMBERLAND Cutmmomscaltll of Pennsylvania, more particularly described in the \lortgage. All of she terms, covenants, provisions, mnditinns, slipulutiom and agreements contained in said \lungagc to be kept and performed by ,he Maker are hereby made if pan of Ihis Note to the same extent and s,ith she same force and effect as it' they s,erc fully set firth here,,,. and the \laker cuvenauh and agrees In person, she ';'Inc. ur cause the same 1, he kept :tad pertbn led, strictly in ic"ndance still, file terms ;tad pruvisions thereof'. The „hole if shc• principal ,war or ally part ,hereof', and of any other $111115 of monev wcured by file Alton gage given to secure Ihis Nu,o, eball, snhwith, as the opliuu of ,he Payee or any subsequent huldcr ,..,.cult become due all payable immcdiutcly. 111,110", notice or demand, if default Ile 'trade in any payment -111,10 flit, Note, and if the default i1 not made Loud prior to the due date or the next such instulln,cnr or upon The Uappening 01 any default which, b) the teens,, rise \Iongagc given to secure this Note, ,hall entille the payee, or any wbsequvn, huldcr hereof, 10 declare she tattle, Ur any Part ,hercol, to be due and payable, The \laker does hereby empower any attorney of any court of record within the United Stases or elsewhere m appear for \laker, with or without a declaration filed, and confess judgment or judgments against said \Taker in favor of the Payee or any subsequent holder hereof, as of any term, for the entire unpaid principal of this Note, and all other sums paid by the holder hereof to or on behalf of she \lakcr pursuant to the terms of this Notc or said blorlgage, and all arrearages of interest thereon, together with costs of suit, attorney's commission of 5 , 0000 °'o for collection, and it release of all errors, on which judgment execution or executions may issue forthwith. The maker herchy waives the right of inquisition on all property levied upon to collect the indebtedness evidenced hereby and does laluntarily condemn the vote and authorizes the Prnd,onutarv to enter such condemnation, and waives and releases all tau,, now in fors or hereafter enacted, relating it) eNcmptiun. appraisemen, or stay of execution. The agreersi herein contained shall bind, and the beefin' and advantages shall inure ,,, the respectixe ,ucros,um and avigm lit the panics hereto. \Vherever used, the singular number shall include the Mural. the plural the singular, and tire "x of aa.v gc"der ,hall he applicable to all genders. IN \VITNHSS WHEREOF. the \Taker has caused these presenn w he executed tuider ,.cal ,Ile day and year firs, abo,c 1l roue,. Signed, :e iled and Delivered in she Presence ol': /J _ 15call ' R YNOHD L. WILSON CAROL E. WILSON I1HS IS It I t LR III V' Thai flu, 11 Fill No11• dcscnbv on real cuasc,uuated h, CUMBERLAND .,. rn. r„• • ? r 11 1 ., 11j4usT 1. A96 ____ (Scull n?lI AV,AL :rAL Yf. N!;Y M Is, ran Ally IIIIHIC UNU'aL; B'u, I.uValnt All" C"UNIV n , /c.' J_.53isean ,cancel Irv .\lungagc ,I ncu Jail L. :wuh , L'ounly, conunnn.vcahh 0, I'...n,.hanm? ALL that certain lot of ground situate In Dickinson Township, r:umberland County, Pennsylvania, bounded and described in accordance with a survey by Thomas X Neff, Reglsterad Surveyor, Lazed September 20, 1971, as follows: I BEGINNING at a spike in the center line of Township Route T-524 at corner of lands now or formerly of Lawrence R. Heberiig and wife; thence by said lends of Haborlig through an iron pin 20 feet from sold point of Beginning, South 77 degrees 30 minutes West 130.76 feet to an iron pin; thence by the Same, North 28 degrees 23 minutes West mrougn an Iron pin 20 feet from the center line of Township Route T•523, 250 feet to a spike in the comer of said Township Route T•523; thence by the center line of sold Township Route T•523, North 77 degrees 30 minutes Eat 234.10 li feet to a spike at the intersection of the center lint of the said Township Routes T-523 end T-524; I thence by the center line of the said Township Route T-s24, south 6 degrees 38 minutes 30 II seconds Wast 250.71 fact to a spike, the Place of BEGINNING; CONTAINING 1.044 scre. 1. MAY. 27. 1999 2:55PM iA?T_cR Hbg,Pi.17102 M SUNIM, RC. COMPANY NAME: CE CAPITNL NMG VERIFICATION NO. 1011 P. 6/5 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: .APE 11, 1999 BY- Title !`- u X 1, A.? (gyp f Cf,? Y? ,l O C,