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Home My WebLink About03-3684MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, [NC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. CRISTA R. DEIBLER AND ROBERT O. DEIBLER, III Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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. 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 TI-I~ 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 OBJECC1ON 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, PROPHEDAD 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. CRISTA R. DEIBLER AND ROBERT O. DEIBLER, III, 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, 1NC. c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. CRISTA R. DEIBLER AND ROBERT O. DEIBLER, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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, CRISTA R. DEIBLER, is an adult individual, whose last known address is 2222 DOUGLAS DRIVE, CARLISLE, PENNSYLVANIA 17013. Defendant, ROBERT O. DEIBLER, III, is an adult individual, whose last known address is 2222 DOUGLAS DRIVE, CARLISLE, PENNSYLVANIA 17013. 3. On or about, March 15, 2002, the said Defendants, executed and delivered a Mortgage Note in the sum of $140,787.00 payable to WAYPOINT BANK, 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 is attached hereto as Exhibit "B'. 5. The land subject to the Mortgage is: 2222 DOUGLAS DRIVE, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "C" 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 April 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $139,601.00 Interest at $28.68 per day From 03/01/2003 To 08/01/2003 ( based on contract rate of 7.500%) $5,277.11 Accumulated Late Charges $419.76 Late Charges $52.47 From 04/01/2003 to 08/01/2003 $314.81 Escrow Balance $1,173.40 A~omey'sFee~5% of PrincipalBalance TOTAL $6,980.05 $153,766.13 **Together with interest at the per diem rate noted above after August 01, 2003 and other charges and costs to date of Sheriffs 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. ffthe Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgrnent 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. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.500% ($28.68 per diem), together with other charges and costs including escrow advances incidental thereto to the da~.~?f Sheriff' s Sale and for foreclosure and sale of the property within described. By: ~~L,~'~~AL'//~/J Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Mul~mte NOTE P~y~mmt Allonge [-~Orowing Equity Allonge [~Ot~r fepecify] PAY TO TIlE ORDER OF: V~,Shll~lon Mutual ~k ~ (~) THIS MORTGAGE ("$~:urity lintel") i~ given on Th~ Mortgagor i{ Robert 0 Deibler III and crista R Deibler March l$=h, 2002 subsequem events. (d) Regulntle~s of HUD Secre~ry. In ninny circumstances regul~om issued by thc Sccrcta~ will limit Lender's rights, in thc case of payment defaults, to require immediate t~ymt~t in furl if no~ permitted by ~e~u~a~ons of the .See~ts~. malntenan~ o~ the Prope~,, IBormwcr shall pl'omptly k4vc Lcnde~ wtttcn notice of any invcsti~atio~t, clnlm, demand, la~vsuit or [sea J) (SCM) (S~al) (~.~) (.S~d) EXtlIBIT "A" COMPANY NAME: 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 ~¥ 30, 2O03 Title Dean LaRocha Att. Asst. Secretary ~ SHERIFF'S RETURN - CASE NO: 2003-03684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REG VS DEIBLER CRISTA R ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE DEIBLER CRISTA R DEFENDANT , at 1800:00 HOURS, at 2222 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to ROBERT O DEIBLER III, HUSBAND a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 31st day of July the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2 ? ~ day of ~_,~D3 A,D. ProthonotaryJ So Answers: R. Thomas Kline 08/05/2003 PURCELL KRUG HALLER Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-03684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REG VS DEIBLER CRISTA R ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE DEIBLER ROBERT O III DEFENDANT , at 1800:00 HOURS, at 2222 DOUGLAS DRIVE CARLISLE, PA 17013 ROBERT 0 DEIBLER III a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 31st day of July by handing to the , 2003 - 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 .00 Surcharge 10,00 .00 16.00 Sworn and Subscribed to before me this ;~7 ~ day of o~ o%k3 A.D. So Answers: R. Thomas Kline 08/05/2003 PURCELL KRUG HALLER