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Home My WebLink About03-3143MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE JAMES L. MILLER AND STEPHANIE L. MILLER Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFE1CRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE 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 IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. JAMES L. MILLER AND STEPHANIE L. MILLER, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. JAMES L. MILLER AND STEPHANIE L. MILLER, Defendants : : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW ~) ,~ - ,-~ I q,.~ : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. Defendant, JAMES L. MILLER, is an adult individual, whose last known address is 296 OLD STONE HOUSE ROAD, CARLISLE, PENNSYLVANIA 17013. Defendant, STEPHANIE L. MILLER, is an adult individual, whose last known address is 296 OLD STONE HOUSE ROAD, CARLISLE, PENNSYLVANIA 17013. On or about, January 30, 2002, the said Defendants, executed and delivered a Mortgage Note in the stun of $275,500.00 payable to WASHINGTON MUTUAL BANK, FA, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and will be sent for recording. Mortgage Electronic Registration Systems, Inc., is acting solely as nominee for Washington Mutual Bank, FA its Successors and Assigns. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 296 OLD STONE HOUSE ROAD, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $272,414.72 Interest at $48.51 per day From 02/01/2003 To 07/01/2003 ( based on contract rate of 6.500%) $8,780.30 Accumulated Late Charges $347.12 Late Charges $87.07 From03/01/2003to07/01/2003 $522.41 Escrow Balance $0.00 Attorney's Fee at 5% of Principal Balance TOTAL $13,620.74 $295,685.29 **Together with interest at the per diem rate noted above after July 01, 2003 and other charges and costs to date of SheriWs 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 ora 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 time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.500% ($48.51 per diem), together with other charges and costs including escrow advances incidental thereto to the date~ f Sheriff's Sale and for foreclosure and sale of the property within described. ~/~~~ By: · Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Wmh08sau (1696x2200x2 tiff) [4] 5 NUB HO4 i' flePeby eer'f~fy this ?o b' ~ tPuo and eQC~JP~te copy of 8835482-863 ~(N:1000541-300021552B-B PENNBYLVAN I A 296 OLD STONE HOUSE ROAD, CARLISLE, PA 17013 I. BORROWER'S PROMISE TO ]'A Y Inrc"turnforaloanthat[havereceived, lpromi~t, opsyU.S.$ 275,500,00 (chis amount is called "Principal'),plusintere,~t,{otheorderoftheLmad~r. TheLenderis WASHINGTON MUTtJAL BANK, FA will make ail payrolls under this Nnt~ i n the form of cash, check or money order. I understand that the Lender ma3' transfer this NoW. Tho Lend~ or ~yone who ~k~ this Not~ by trader and who entitled to r~eive payments under this No~ i~ ml~ ~e "NoteHolder." 2. INTEREST Inter~ will b~ charged on unpaid prin~qpal un~.l th~ full amount of Principal has b~n paid. I will pay interest at a yearly ra~e or' 6, § 00 %. The interest rate required by this Section 2 is the rate I will pay both Before and after any default deserlbed in 6lB) o1' this Note. J. PAYMENTS (A) Time and Place of Paymenta I will pay principal and interest by making a p~yment every month. I will make my monthly paymom on '~h~ 1ST day of each month b~.ginning on ~AI~CH, 200:~ - I will make these p~yment~ every month until I have ~id ~[l of the ~incip~ and intcr~t and any oth~ charg~ d~ri~ below ~at I may owe under this ~o(~. E~ch m~nthly payment will ~ a~li~ m of im mhedul~ due dat~ and will Be a~li~minte~tbefor~Princi~l. If, on ~RU~RY 01, 2~32 I still owe amoums mg~ ~is Nora, I will ~y tho~e amounm in f~l un that &to, which i* called tb~ ~Matufi ty D~le. ~ [wtI[makemymonthl~paymontsat 388~ AIRWAY ORIVE, $ANTA ROSA, CA aBaO~ et at · diligent place if requir~ by th* Nme Hddor. (B) Amount o[ Monthlg Payments My mon~ly payment will ~inth~am6untofU.S.$ 1,74~ .~ I hay* the right to m~e payments of Principal at any tim* ~ore they are duc, A payment of Pdncipa{ only is known as a 'Pre~ymen[" When I make a Prepaym~t, I will t~[I tho Note Holder in writing that I am doing m. I may not d~ignate a paymont ~ a Pr~yment if I h~w'~o~ m~e all tho monthly ~ym~ d~ under the Note. I may make a full Prepayment or par~ Pr~ymen~ without paying a Pm~ym*n* charge. ~e Note Ho[der will me my Pre~ymen~ to r~uce ~ amount of Pfinci~l ~at I own under thig Note, However, the Noto Holder may a~ly my Pr~yment to tho accru~ a~d unp~d intent on the Pr~paymont amount, ~fore :m~lfing my Pr~avm~t WmhOSsau (1696x2200x2 tiff) [5] 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not reuelvcd the full amount of any monthly payment by the end o[ ~ 5 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5,0 % of my overdue payment o! principal and interest.;l will pay this late charge promptly but only once on each late payment. : (BI Default If I do not pay the full amount of each monthly payment on the date it is due. I wilt be in default. {C) Notice of Default tf I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holdec may require me to pay immediately the fuli amount of Principal which has not been paid and all the interest that I owe on that amount. That date must b~ at least 30 days after tile date on which the notice is mailed to me or delivered by other means. (D} No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pa3' immediately in full as described above, the Note Holder will still have the tight to do so if I am in default at s later ti me, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Nute Holder will have the right to be paid back by me for all of its costs and expenses in enforcing t/~lis Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to mc under this Note will b~ given by dellverlag it or by mailing it by first class mall to me at the Property'Address above or at a different address if I give the Note Holder a notice of my different eddre~. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Hulder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each p~rson is fully and personally obligated to keep ali of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also .bllgated to do these thing.~ Any person who takes over tbeoe .bligatioas, including the obllgatlons of a guarantor, surety or endorser of this Note, is also obligatecl to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note agaiust each person individually or against all of us together. This means that any one of tls may be require~l to pay all of the amounts owe<l vnder this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment" means the right to reqf[3e the Note Holder to demand payment of amounte due. "Notice of Dishonor~ means the right to require the Note Holder to give notice to other pomona that amounts due have not been paid. WmhO8sau (1696x2200x2 tiff) [6] If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not leas than 30 days from the date the notice is given in accordance wi th S~tion 15 within which Borrower must pay all sums secured by this S~curity hmrument; If Borrower fails to pay those sums . prior to the expiration of this period, I.~ndcr may invoke any r~mediea p~mitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAI,(S) OP THE UNDERSIGNED, (Seal) -Borrower (Seal) (seal) J k k ER -Borrower · (Seal) STEPHAN I E L, M ] L L ER =Borrower (Seal) -Borrower (Seal) -Borrower (S~al) -Borrower (Seal) fSign Or/ginal Only/ WmhO8sau (1696x2200x2 tiff) [7] ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as l.ot 9 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc., dated August 10, 199g, approved October 7, 1998 by the Middlesex Township Board of Supervisors, and recorded November 6, 1998 in thc ol'fice of the Recorder of Deeds in and for Cumberkmd County, Pennsylvania in Plan Book 77, page 128. and being more fully described as follows, to wit: BEGINNING at a point in file centerline of T-591 (Old Stone House Road); thence by Lot 8 of the aforementioned subdivision South thirty-seven (37) degrees fifty-three (53) mii~ules six (06) seconds West a distance of five fiundred twenty-four and ninety-five hundredths (524.95) feet to an iron pin; thence by Lot 8 and by Lol 7 of the aforementioned subdivision South fifty-two ~52) degrees six (06) minutes fifty-four (54) seconds East a distance of three hundred fifty (350.00) feel (o an iron pin; thence by Lot 6 of the aforementioned subdivision South thirty-seven 07) degrees fif~-three (53) minutes six (06) seconds West a distance of six hundred ninety-one and fifty-nine hundredths (691.59) feet to an iron pin; thence by Lot Il of thc aforementioned subdivision South eighty-eight (88) degrees fifteen (15) minutes zero (00) seconds West a distance of one hundred twenty-seven and eighteen hundredths (127.18) feet to an iron pin; thence by land now or formerly of Robert Line and I. Edward C-'louse North one (01) degrees forty-five (45) minutes zero (00) seconds West a distance of seven hundred seventeen and twenty-three hundredths (717.23) feet tn an iron pin; thence by Lot 10 of the aforementioned subdivision North eighty-eight (88) degrees fifteen (15) minutes aero (00) seennds East a distance of two hundred sixty and thirty htn~dredths (260.30) feet to an iron pin; thence by Lot I 0 of the afox~mentioned subdivision North thirty-seven (37) degrees fifty-three (53) minutes six (06) seconds East a distance of five hundred twenty-four~ and ninety-eight hundredths (524.98) feet to a point in thc centerline of T-591; thence in along and througl~ the eenterline of T-591 South fifty-two (52) dog~-ccs five (05) minutes twenty-four (24) seconds E~st a distance of fifty (50.00). feet to a point in the een[crline of T-591 (Old Stone House Road) the place of BEGINN'fNG. CONTAINING 7.28! acres of land as surveyed. BEING the same premises which Realand, Inc., a Pennsylvania corporation, by Deed bearing date of the 1st day of the October 1999, and recorded on the 18th day of November, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 2l I, Page 793 granted and conveyed unto J~mes L. Miller and Stephanie L. Miller, husband and wife. UNDER AND SUBJECT TO restrietion~,.a~d conditions as now appear of record. COMPANY NAME: MORTGAGE E].RCTRONIC REGISTRATION SYST~S, INC. THROUGH ~WASHINGTON MUTUAL BANK, FA HOLDER OF THE ENTIRE BENEFICIAL INTEREST IN THE MORTGAGE VERIFICATION ! 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 JUNE 24, 2003 Title Dean LaRocha Att. Asst. Secretary SHERIFF'S RETURN - CASE NO: 2003-03143 P COMMONWEALTH OF PENNSYLV~IA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR~T VS MILLER JAMES L ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MILLER JAMES L DEFENDANT , at 1835:00 HOURS, at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 JAMES L MILLER a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 10th day of July the , 2003 by handing to MORT FORE together with and at the same time directing Hiq attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 31.45 Sworn and Subscribed to before me this ~ ~ day of ~honotary ~ ~' So Answers: R. Thomas Kline 07/11/2003 PURCELL KRUG HALLER Deputy Shq~ff SHERIFF'S RETURN - CASE NO: 2003-03143 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MILLER JAMES L ET AL REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT ~ MORT FORE MILLER STEPHANIE L DEFENDANT at 1835:00 HOURS, at 296 OLD STONE HOUSE ROAD CARLISLE, PA 17013 JAMES L MILLER, HUSBAND a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 10th day of July the , 2003 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit Surcharge 10.00 16.00 Sworn and Subscribed to before me this ~ ~- day of · P~ot honor ary So Answers: R. Thomas Kline 07/11/2003 PURCELL KRUG HALLER Deputy Sh~iff