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Home My WebLink About03-5208MIDFIRST BANK VS. GAIL M. HOLLANDS Plaintiff Defendant 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 cout~ 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 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 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 KAZON 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, LLAIVI~ 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 MIDFIRST BANK, Plaintiff VS. GAIL M. HOLLANDS, Defendant 1N 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 currem creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attomey I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, VS. GAIL M. HOLLANDS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW 0.5 - .5'~-~, ~' : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MIDFIRST BANK, is a Corporation, with an address of 999 N.W. GRAND BOULEVARD SUITE 100, OKLAHOMA CITY, OKLAHOMA 73118. 2. Defendant, GAIL M. HOLLANDS, is an adult individual, whose last known address is 808 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, April 14, 2003, the said Defendant, executed and delivered a Mortgage Note in the sum of $80,858.00 payable to CENDANT MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1606, Page 791 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and recorded in the aforesaid County in Mortgage Book 686, Page 4560. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 808 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has 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 Interest at $19.25 per day From 02/01/2003 To 10/01/2003 ( based on contract rate of 8.875%) Accumulated Late Charges Late Charges $38.34 From 03/01/2003 to 10/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $79,170.48 $5,255.25 $0.00 $306.72 $713.60 $3,958.52 $89,404.57 **Together with interest at the per diem rate noted above after October 01, 2003 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. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her 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 8.875% ($19.25 per diem), together with other charges and costs including escrow advances incidental thereto to the da~eriff s S .ale and for foreclosure and sale of the property within described. PURCELL, Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Multistate NOTE April 14th, 2000 lDat~] 808 KRFORD ROAD, CAMP HZL~, PA 17011 [Pmpe~'~ Add.ssi 1. 'Borrower' means each person signing at thc end of this Note, and thc person's successors and assigns. 'Lender" means CENDANT MORTgAgE CORPORAT:~ON and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTI~RF~T In return for a loan received from Lender, Borrower promise~ to pay the principal ~um ofEighey Thous~nd gighi: Hundred F£fty-Eight Dolla=u and Zero Cents 'Dollars (U.S. $ 80,858.00 ), plus interest, to the order of l~..ncler. Interest will be charged on unpaid principal, from thc date of disbursement of thc loan precepts by Lender, at the rate of Eight: a~d gev~n Right;he percent ( 8.875 %) per year until thc full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the samc date as this No~ and called the "Security Instmmant.' The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. ~R OF PAYMENT (A) Time Borrower shall make a payment of principal and interest m Lender on the first day of each ruonth beginning on June let: , 2000 . Any principal and interest remaining on the first day of May 2030 , will be due on that date, which is called the #Maturity Date." (B) P~ace Payment shall be madc at 3000 Laadenhall Road Mt. Laurel, NJ 08054 or at such place as Lender may designate in writing by notice to 8orrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 643.3 $ . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrumem. CD) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note a~ if the allonge were a part of this Note. [Check applicable box] Payment Allonge [--]Growing Equity Allonge [-~Other [specify] $, BORROWF. R*S RIGIiT TO PI~PAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lend= shall accept prepayment on other days provided that BorrOwer pays interest on the amount prepaid for the remalndar of the month to the extent required by Lender and permitted by regulations of the Sec~tary. If Borrower makes a partial prepayment, there will be no ehangas in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Muliis~t~ ~ed R~te Note - t0~gS -1R ,.,o~,.o3 VMp MORTGAGE FO~V]$- 0~00)62,-)2B 1 ~7~ 6. BORROWER'S FAILURE TO PAY ~-' ' (A) Late Charge for Overdue P~yments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Fou= percent ( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued inter~t. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circomstancns regulations issued by thc Secretary will limit Lender's rights to require immediate payment in full in the case of payment dcfaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary' mt. aris the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs ~hall bear interest from the date of disbursement at tile same rate as the principal of this Note. Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment' means the fight to require Lender to demand payment of amounts due. 'Notice of dishonor' means the right to require Lender to give notice to other persons that amounts due have not been paid. g. GIVING OF NOTICES Unless applicable law requires a different raethod, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first cless mall to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all 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 obligated to do thesc things. Any person who takes over thcso obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounC~ owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. ~AIL M HOLX~ND$ -Bonowcr (seal) (Seal) (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Original ~J~L T~AT C~RTAIN tract of land and premise situate and lying in East Pennsboro Township, Cumberland County, and the Commonwealth of Perk~sylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Erford Road, which point is 227.46 feet south of the southwest corner of Erford Road, and Dulles Drive and at the dividing line between Lots 19X and 20, Block E on the hereinafter mentioned plan of lots; thence along the westerly line of Erford Road in an arc having a radius of 294.90 feet in a southerly direction to the left; 34.57 feet to a point at dividing line between Lots 20 and 20X on said plan; thence along said dividing line, South 72 degrees 42 minutes West a distance of 113.23 feet to a point; thence along the easterly line of land now or formerly of East Pennsboro Township Board of Education, North 30 degrees 00 minutes West, 50.61 feet to a point at dividing line between Lots 19X and 20 on said plan; thence along said dividing line, North 79 degrees 25 minutes East a distance of 127.25 feet to a point, the place of BEGINNING. BEING Lot 20, Block E, Plan No. 14 of Ridley Park, which plan is prepared by D. P. Raffensparger, Registered Surveyor, dated July 24, 1968, in Plan Book 21, at Page 11. ~AVING T~EREON ERECTED a two story semi-detached dwelling known as 808 Erford Road. BEING T~E SAME PREMISES which Daniel V. Crognale and Lisa Crognale, by their deed to be recorded simultaneously herewith, in the office of the ~eeorder of Deeds of Cumberland County, granted and conveyed unto Gail M. Hollands. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MIDFIRST BANK. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 29, 2003 Leon~quire SHERIFF'S RETURN CASE NO: 2003-05208 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND MIDFIRST BANK VS HOLLANDS GAIL M - REGULAR RICHARD SMITH Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HOLLANDS GAIL M DEFENDANT , at 1930:00 HOURS, at 808 ERFORD ROAD CAMP HILL, PA 17011 GAIL HOLLANDS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 13th day of October , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 10 Affidavit Surcharge 10 38 00 35 00 00 00 35 Sworn and Subscribed to before me this /L ~ day of -- Prothonotary So Answers: R. Thomas Kline 10/14/2003 ~ uepur y eriff MIDFIRST B~K, Plaintiff VS. GAIL M. HOLLANDs, Defendant IN THE COURT OF COMMON PLEAS CLrMBERL~D COUNTy, PEkrNSYLVANiA CIVIL ACTION - LAW NO. 2003 - 05208 IN MORTGAGE FORECLOSURE TO THE PROTHONOTARy: PRAE C I p~E Please mark the above action settled and discontinued, without prejudice. DATE: December 30 2003 PURCELL, KRUG & HALLER ~n P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178