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Home My WebLink About01-6128ALLIANCE MORTGAGE COMPANY Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 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. ROBERT A. ADLER and PAUL J. KILLION, Executors of the Estate ofBErf¥ J. ADLER, Deceased 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 51aim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights umportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. 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 PARTIC1PACION. ENTONCES, LA COUTE PUEDE, SIN NOT1FICARIO, 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 COUNTYLAWYERREFERRAL SERVICE C UMBERLANDCOUNTYBARASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ALLIANCE MORTGAGE COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, Executors of the Estate of BETTY J. ADLER, Deceased Defendant : 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 ALLIANCE MORTGAGE COMPANY, Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, Executors of the Estate of BETTY J. ADLER, Deceased Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE : COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, ALLIANCE MORTGAGE COMPANY, is a Corporation, with an address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, ROBERT A. ADLER, Executor of the Estate of BETTY J. ADLER, is an adult individual whose last known address is 2930 Acorn Road, Mechanicsburg, Pennsylvania 17050. Defendant, PAUL J. KILLION, Executor of the Estate of BETTY J. ADLER, is an adult individual whose last known address is 545 South Third Street, Lemoyne, Pennsylvania 17043. On or about, April 30, 1974, CHAS ADLER & SON, INC., executed and delivered a Mortgage Note in the sum of $172,800.00 payable to THE HARRIS SAVINGS ASSOCIATION, 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, CHAS ADLER & SON, INC. 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 577, Page 51 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to ALLIANCE MORTGAGE COMPANY and was recorded in the aforesaid County in Book 632, Page 311. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 2930 ARCONA ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. By Deed Dated February 6, 1987 and recorded in the aforesaid County in Mortgage Book M32, Page 648 on February 6, 1987, the said Defendant, CHAS ADLER & SONS, 1NC., conveyed the property subject to the Mortgage to BETTY J. ADLER AND STANLEY D. ADLER, JR. STANELY D. ALDER, JR. died July 17, 2000 and the property vested in BETTY J. ADLER by operation of law. BETTY J. ADLER died October 2, 2000. Robert A. Adler and Paul J. Killlion were appointed Executors of the Estate of Betty J. Adler, Register of Wills of Cumberland County No. 21-01-149. Charles Adler & Sons, Inc. is released from liability under Pennsylvania Rules of Civil Procedure and therefore not names as a Defendant. 7. The Mortgage is in default due to the fact that Defendants have failed to pay the installment due on February 10, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $4.01 per day From 01/10/2001 To 11/01/2001 ( based on contract rate of 8.500%) $17,235.74 $1,353.00 Accumulated Late Charges $377.37 Late Charges $53.91 From 02/10/2001 to 08/01/2001 $377.36 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $0.00 $861.79 $20,205.26 **Together with interest at the per diem rate noted above after August 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorne's fees y will be charged that are actually incun'ed by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. 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. 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 8.500% ($4.01 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Hailer, Esquire Attomey for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Harr~bu~g. Dauphin County, Penns lvan~a ' " :. · . · ~', .~l...~t~.,lt~Z..,~n...~hau~ n~.,E~,..R~e~.a.~/aO_....~_..~ ................ : ........................... ~' -~i~.=~.~ ~ .~.b~ ....7 ...................................... : ........................................ :..; .................... ~....., (t~ZZ~On..O~ ............ m~t~ad, ~d other imp~mems on uid pr~l~c~ lu~umd aBelmt ~ ~ d~mmp by.Q~ ?r ?~n~ f~ ho ~ , One Hundred ~even~ ~o Thousan~ E~hC Eundre~ ~ ~o~0 * It h [uflbr ex~ly unde~ and nl~ ~a f any tom ~ sum! or mo~y s~ll ~me pay.bio ~r $1~ntd, Sealed .and Delivered in the ~ } Areona Road (L.R. 21093); thence ~hrough the center line of Areona Road (L.R. 21093) da~ed (~$~ ~ ~ and to be ~ecorded he.with grated and convaye~ un~o the ~aso~ he~e~n, COMPANY NAME: ~r~.Tn~r~ y~ac~a~ cr>m~ VERIFICATION 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 ax2~ 16, 2001 Titl[ jn~.t~a,,*e~'j'~ v {5 ' > zz ~ O~ 0~ ~ m~ 0 ~>. ZD~OZ Z ALLIANCE MORTGAGE COMPANY Plaintiff VS. ROBERT A. ADLER and PAUL J. KILLION, Executors of the Estate of BETTY J. ADLER, Deceased Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6128 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE ACCEPTANCE OF SERVIC~ behalf of of the Estate of Betty J. Adler, action. Dated: ti V/Of William L. Adler, hereby accept service of the Complaint on Defendants, Robert A. Adler and Paul J. Killion, Executors Deceased, in the above captioned W£11iam L. Adler, Esquire 125 Locust Street Post Office Box 11963 Harrisburg, PA 17108-1933 (717)234-3289 ALLIANCE MORTGAGE COMPANY, : : PLAINTIFF : : VS. : : ROBERT A. ADLER and PAUL J. KILLION, : Executors of the Estate of BETTY J. : ADLER, Deceased, : : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-6128 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 6 2002