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Home My WebLink About03-5670WASHINGTON MUTUAL BANK, FA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. t53- 3'6 'I o CIVIL ACTION - LAW RHODY K. ROSS AND PATRICE M. ROSS ACTION OF MORTGAGE FORECLOSURE Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTENGTO 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 jud~nent 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 F/ND 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 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 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. RHODY K. ROSS AND PATR1CE M. ROSS, 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. Plaintiffis 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 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. RHODY K. ROSS AND PATRICE M. ROSS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : : COMPLAINT IN MORTGAGE FORECLOSURE l. Plaintiff, WASHINGTON MUTUAL BANK, FA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. Defendant, RHODY K. ROSS, is an adult individual, whose last known address is 907 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, PATRICE M. ROSS, is an adult individual, whose last known address is 907 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055. On or about, March 04, 1988, the said Defendants, executed and delivered a Mortgage Note in the sum of $64,500.00 payable to PARENT FEDERAL SAVINGS 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 in Mortgage Book 895, Page 1091 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PNC BANK, KENTUCKY, INC. DBA PNC MORTGAGE COMPANY and recorded in the aforesaid County in Mortgage Book 455, Page 610. The Mortgage was subsequently assigned to WASHINGTON MUTUAL BANK, FA and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 907 SPRING CIRCLE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 01, 2003 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $49,304.19 Interest at $10.63 per day From 06/01/2003 To 11/01/2003 ( based on contract rate of 7.875%) $1,945.29 Accumulated Late Charges $108.22 Late Charges $23.54 From 07/01/2003 to 11/01/2003 $141.23 Escrow Balance $403.85 Attomey'sFeem5%ofPrinc~al Balance TOTAL $2,465.21 $54,367.99 **Together with interest at the per diem rate noted above after November 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 ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the saie, 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. Plaintiffhas 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 7.875% ($10.63 per diem), together with other charges and costs including escrow advances incidental thereto to the date or_Sheriff's Sale and for foreclosure and sale of the property within described. Leon P. H~ler, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOI)NT MY &DJi, JSTAEILE INTEREST RATE CAN CHANOE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY, THIS NOTE L BORRO'*VER~ PROMISE TO PAY In return fo: a Ioa~l that I have received. I promise to pay U.S. ~ 6..4...~)]~..0~ ............ (this amount ii ~l~d yearly rai~ of ...~.,.Z~.~..~, The im~res~ rale J will ~y will chln~g iA I~&nce with ~fion 4 of this The ad)ustabie in~etesl rate l will ~y may change on t~ ~rst day of ....~y. ........... 1 .................... I 9 ~..... and on ~forr each Change Dale, the Notg H~lder will ~lculate my new intg~l ~le by a~ (Et EEecli~ ~le of 7. LOAN CHARG~ (C) Nmice of ~fauh (E) ~nr of Nole llol~% C~ and ~ OBLIGATIONS OF PERSONS UNDER TILLS NO~ Lender. RHODy K. ROSS .~, ......................................................................................................... (,~al) BESIN~INS at a point on the $ou~herl¥ line of Spring Circle, ~AVING thereon erected a bi-level brick and altmlnum dwell, lng being recorded in Plan ~ook 20, Page 82, BEIN8 THE SAME PREMISES WFICH Administrator of Veterans 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. DatedCCict~ 28, 20o3 By Dean LaRocha Title Assr Secretary SHERIFF'S CASE NO: 2003-05670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS ROSS RHODY K ET AL RETURN - REGULAR VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ROSS RHODY K DEFENDANT , at 1104:00 HOURS, on the at 907 SPRING CIRCLE MECHANICSBURG, PA 17055 RHODY K ROSS a true and attested copy of COMPLAINT - was served upon the 3rd day of November , __ 2003 by handin9 to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~+~ day of othonotary · So Answers: Ro Thomas Kline 11/04/2003 PURCELL KRUG HALLER SHERIFF'S RETURN - REGULAR CASE NO: 2003-05670 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL B~NK FA VS ROSS RHODY K ET AL VALERIE WEARY , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 3rd day of November , by handing to together with says, the within COMPLAINT - MORT FORE ROSS PATRICE M DEFENDANT , at 1104:00 HOURS, on the at 907 SPRING CIRCLE MECHANICSBURG, PA 17055 RHODY K ROSS, SPOUSE a true and attested copy of COMPLAINT - MORT FORE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service .00 Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 16.00 11/04/2003 PURCELL KRUG HALLER Sworn and Subscribed to before me this ~,~ day of ~ ~.5 A.D. honorary By: p y Sheriff WASHINGTON MUTUAL BANK, FA Plaintiff VS. RHODY K. ROSS AND PATRICE M. ROSS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2003 - 5670 IN MORTGAGE FORECLOSURE p RAE C I P E TO THE PROTHONOTARY: Please mark the prejudice. above case settled and discontinued, without DATE: May 18. 2004 PURCELL~/~ BY/~ Leon P. Hall~_ID ~15700 Attorney fo~ Plaintiff 1719 Nortkf Front Street Harrisburg, PA 17102 (717) 234-4178