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Home My WebLink About03-6362MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. CHERYL A BELLEM AND KENT E. BELLEM Defendants IN 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 fo/th 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 PARTIC1PACION. 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, 1NC c/o Washington Mutual Bank, FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. CHERYL A BELLEM AND KENT E. BELLEM, 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 I 169 Milwaukee, WI 53224 Plaintiff VS. CHERYL A BELLEM AND KENT E. BELLEM, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW OJ'" 63~'t- ~ ACTION OF MORTGAGE FORECLOSURE COMPLAINT 1N 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 53324. Defendant, CHERYL A BELLEM, is an adult individual, whose last known address is 506 ELLEN ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, KENT E. BELLEM, is an adult individual, whose last known address is 506 ELLEN ROAD, CAMP HILL, PENNSYLVANIA 17011. On or about, April 23, 1998, the said Defendants, executed and delivered a Mortgage Note in the sum of $152,955.00 payable to SOURCE ONE MORTGAGE SERVICES CORPORATION. The Said Note is not accessible to Plaintiffand is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiffalso avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment ora copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 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 1448, Page 482 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and recorded in the aforesaid County in Mortgage Book 649, Page 68. 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 "A". 5. The land subject to the Mortgage is: 506 ELLEN ROAD CAMP HILL, PENNSYLVANIA 17011 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 May 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $145,506.23 Interest at $31.89 per day From 04/01/2003 To 01/01/2004 ( based on contract rate of 8.000%) $8,769.75 Accumulated Late Charges $206.36 Lme Charges $51.59 From05/01/2003to01/01/2004 $464.31 Escrow Balance $586.67 Attomey'sFee~5% of Principai Balance TOTAL $7,275.31 $162,808.63 **Together with interest at the per diem rate noted above after December 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. 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. 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. WItEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total mount due together with interest at the rate of 8.000% ($31.89 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: 7~ PUI~CELL, KRUG & ItALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) '9111~P/I Z9 Pti 1 20 MORTGAGE NOTICE: TIII$ LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. ("Borrowcr#). 'Hds Security Instrument is givcn lo -... , ..... ,oo~1448,,~t ,484 ...... (Seal) dayof April 1998 , Cornsrstone Land Transfer ALL THAT CERTAIN piece or parcel of land situate in the Township 'of Hampden, County of Cumberland and State of Psnnsylvania, more particularly bounded and described as follows, to wit~ BEGIR~ING at a point on the western line of Ellen Road which point is at the dividing line between Lots Nos. 169 and 161 on Plan of Lots hereinafter mentioned; thence North eiEhty-six deErees four minutes West and along th~ dividing llne between Lots Nos. 160 and 161 on Plan of Lots hereinafter mentioned, a distance of one hundred five (106) feet to a point at the rear lot line of Lot NO. 163 on Plan of Lots hereinafter mentioned; thence South three degrees fifty-six minutes West and along parts of the rear lot lines of Lots NOS. 168 and 167 on Plan of Lots hereinafter mentioned, a distance of eighty-five {85) feet to a point at the dividing line between Lots Nos. 161 and 162 on Plan of Lots hereinafter mentioned; thence South eighty-six deErees four minutes East and along the dividing line betwee~ Lots NOS. 161 and 162 on Plan of Lots hereinafter mentioned, a distance of one hundred five (105) feet to a point on the western line Of Ellen Road; thence North three degrees fifty-six minutes East and alonE the western line of Ellen Road a distance of eighty-five (85) feet to a point, the point and place of BEGINq~ING. BEING Lot NO. 161 on Plan of Lots known as part of Country Club Park which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 61, PaRe 42. HAVING thereon erected a two story blrck and frame dwelllnE house known as and numbered 506 Ellen Road, Camp Bill, PA. T~ property herein described shall not be used at any time for a beauty parlor or barbe~ shop, and this restriction shall be construed as a covenant running with the land. BEING nE S~g4E PREMISES whlc~ carmine M. Fiscina and Phyllis A. Ficina, husband and wife by their deea dated Au~st 12, 1996 and recorded Februa~-y 20, 1997 in the office of the Recorder of Deeds for cumberland County in Deed Rook 193, Rage 664 Eranted and conveyed to Victor B. Etfinger, Jr., single. AND THE SAID VICTOR B. BTTINGRR, JR. died December 8, 1697 and Letters of Administration were issued January 12, 1968 b~ the Register of Wills for Cumberland County to Allen Bitting, Administrator. And being the same premises which Allen Bitting, Administrator of the Estate of Victor B. Ettinger, Jr., by deed dated April 23rd, 1998 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Kent E. Bellem and Cheryl A. Bellem, his wife, Mortgagors herein. COMPANY 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,,~'~m 2, 2003'T~e~ ~x'~' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Washington Mutual Bank FA P.O. Box 1169 Milwaukee, WI 53224 Plaintiff VS. CHERYL A BELLEM AND KENT E. BELLEM Defendants 1N THE cOURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-6362 civil term PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: February 10, 2004 PURCELL, KRUG, &~ ~eon~ler 171 ¢'North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 SHERIFF'S RETURN - CASE NO: 2003-06362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~ND MORTGAGE ELECTRONIC REGISTR3~TI VS BELLEM CHERYL A ET AL REGULAR BRYAN WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BELLEM CHERYL A DEFENDANT at 506 ELLEN ROAD CAMP HILL, PA 17011 KENT E BELLEM, ADULT & at 1836:00 HOURS, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 18th day of February 2004 IN CHARGE true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ day of ~ ~ 3~3 ~ A.D. ~r6thonotary -- So Answers: R. Thomas Kline 02/19/2004 PURCELL KRUG HALLER By: Sheriff SHERIFF'S RETURN - CASE NO: 2003-06362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BELLEM CHERYL A ET AL REGULAR BRYD~N WARD Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BELLEM KENT E DEFENDANT , at 1836:00 HOURS, on the at 506 ELLEN ROAD CAMP HILL, PA 17011 KENT E BELLEM a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 18th day of February , 2004 by handing to - 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 ~ -- day of A.D. /P~othonot ary So Answers: R. Thomas Kline 02/19/200~ PURCELL KRUG HALLER By: j Leon P. Haller Purcell, Krug &Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff VS. CHERYL A. BELLEM AND KENT E. BELLEM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 2003-6362 Civil Term IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. DATE: December 15, 2004 PURCELI~LLER Leon P. Hailer ID #15700 Attorney for Plaintiff