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Home My WebLink About01-6445WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff VS. DANIEL C. HILL Defendant 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 W/LL 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 ffi~g 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 ~ase may proceed without you and a judgment may be entered against you by the Court without further notice for any money ~l~im~ ~ , in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights ~mportant 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, ~ISTRE 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 ~TICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y ~(~LrERIRA 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. ~ ~ i . :: 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 HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. DANIEL C. HILL, Defendant : IN THE COURT OF COMMON PLEAS : CLrMBERLAND 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 WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff VS. DANIEL C. HILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY ~ MERGER TO FLEET MORTGAGE CORP., is a corporation with an address is P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. Defendant, DANIEL C. HILL, is an adult individual, whose last known address is 125 7TH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. 3. On or about, September 08, 1998, the said Defendant executed and delivered a Mortgage Note in the sum of $76,800.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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, 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 1483, Page 198 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and was recorded in the aforesaid County in Book 591, Page 942. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 125 7TH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 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 July 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $15.36 per day From 06/01/2001 To 12/01/2001 ( based on contract rate of 7.500%) Accumulated Late Charges Late Charges $28.55 From 07/01/2001 to 12/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $74,784.81 $3,287.03 $0.00 $199.85 $568.62 $3,739.24 $82,579.55 **Together with interest at the per diem rate noted above after December 01, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in confom,ity 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. 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. 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% ($15.36 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S~eriff's Sale and for foreclosure and sale of the property within described. ~~ By: ~~"~' ~ - ~ PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney £or Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Multistage ffHA-124714 441-§78841-1 SEFTKI'fBKR 08, [Datq 125 7~H ~ ~T~D, PA 17070 3. ~O~ ~ PAY Bo~s ~ to pay h ~ a m~, d~ ~ ~ ~ ~ ~ ~s~t ~t h ~ted ~ ~e date B~ d~ ~ ~ No~ 4. ~ OF PA~ B~ ~ Pa~s~bem~a~ ~e ~as~ Ftrs~ Avenue, 2nd Fi~ C~ahohocken, Pa. ~9428 ~o ~ ~ ~ a~a~m~ ~ ~ ~cd ~t B~pa~ ~tmst~ ~ ~tp~r Seventy gix ~houaand [~] (~T:~ Exoosax969I) 9~9~fiou~ · l~.- 124714 6. BORROWER'S FAlLURE TO PAY l/I_~utor has not received the full monthly payment requiredby the Security Imtmment,, ~ dasorlbedin Parasraph 4(C) of dga Note, by the and of ~tteen calenda~days aft~ the paym~t is tine. Lendurmy collect a late chai. sein the amount of Fern: pezcent( 4% (fou~) %)oftheove~dueamountofeachpayment. (R) De~ult If Borrower defaults by f~ to pay in full any moathly payment, then Lendurmay, except as limited by rr4~latioos of the Secretaryin th~ case of payment dcfaults~ reql~e ;mmedin~payimmt in ~ of thc peincipal balance ~.mn;.i.g due and all accraedlntexest Lendur may choose not lo ex~cise this option without waiving it~ ~.ights in the mmut of any subsequent default. In many cisenmstmumaresulatlons issued by the Secretary will limit Lendes'a rJ~ht s to r e~ulm immcdla~payment in htll in the case of payment de~enlLs. This Note does not authorize acesleraticawhe= not perm~dby HUD rsstgations. A~ used in this Note, "Secretat~ means the Sect~ta~ of Ho-~__. and Urban Dmmlopment or his o]r her dei~noe. (C) t~mumt of Costs Bna EXlx~ses If Lender has requlredlmmedintepaymant in flffi, as described above, Lender may requlre Ben-ewer to pay coats and expenses incb,~-g reasemablcand customary attempts' foes for enforci~ this No~e to the extent not prohibitedby appitcabl= law. Such ~ees and c~ts shah bear inte~at h'om the date of disbm'scment at the same rate as tha principul of this Nnte. ?. WAIVRRS Berrow~ and any other person who has obligations trades this No~ waive thc Hghts of pres~tmentend noilm of dishonor. 'Prasantmant" meaastha right to requlreLendu; to dumandpayment of amoants due. "Notice of g~honof meaas the riSht to require l.~nder to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Uulass applicable law reclulres a diff~ent mnthed, any notice that mast ha givea to Borrower undur this Note will he given by drJi~ri~g it or by ~,ll.g it by fira .~,- mail to Borrow~ at the pmp~7 add~ess above o; at a differm2t addrc~ i~ Bon~,w.r has 81yen I.z~der a notice of B errovmr's (~rent addrass. Aay notice that muat be give~ to Limder andes this Nnte will be ~ by first .l=u mail to Lender at the address statedin paresraph 4~) or at a di~oremt eddress if Borrower is giv~m a no(ice of that different address. ~. OBI~G&TION$ OF PERSONS UNDER THIS NOTE If mm~thanooc per'oOnSiSns this Note, eachpersonis fully end pe~ah¥ obligated to keep all of the premisasmadein this Nole, inch~ah~g the promise to pay the full amount owed. Any pel~oo who is a gaarantor, su~aty or endorser of this Note is aiso obl~nted to do these tM.?. Any person who tak~ over these oblisatioes, inclt~rl;.5 the obligations of a guarantor, surety or cadomor of ~ Note, is also obI~atecl to keep ail of ~he promises madein this Not~. Lender may ea_f'orce it3 rights mldur t~s Note sg~;mi each personindi',iduaity or ~i-.t all siEn st m-les to~ther. Any on~ person signing ~ Note may be required to pay all of th~ amounts ovmd unde~ thls Note. BYSIGNINGBELOW, Bm'rover accepts and asrecsto the tm'm~ ami ~.n~ ~t~ed~ ~ N~e. ~ c HILL .~ (s,~) (s~l) ~ ~ the o~er ~ -B~r Bocum~t Ex~ia~ ~[~cer [9] (ggTJ Exoos~x969I) 999~gou~ Fmc55646 (1696x2800x2 tiff) [28] FirsC American Title Insurance Company Commitment Number: 980324 SCHEDULE C pROPERTY DESCRIPTION The land referred to in this commitment is described as follows: ALT. T~AT C~RTAIN lot or parcel of lend situate in the Borough of New Cumberland, County of cumberland and State of pennsylvania, bounded and described as follows: BE~INNIN~ at the northwest corner of Seventh SCreet and a ten (10) foot alley, said alley being the first alley east of Market Street; thence in a southwesterly direction along the northerly kine of Seventh Street, 32.45 feet to a point; thence in a northwesterly direction on a line parallel with Market Street and through the center of the partition wall between houses No. 125 and 127 Seventh street, 75 feet to Lot No. 224 on the hereinafter mentioned Plan of Lots; thence in a northeasterly direction along said Lot No. 224, 32.%5 feet to the aforesaid ten (10) foot alley; thence in a southeasterly direction along said ten (10) foot alley, 75 feet to Seventh Street, the place of BEING the easterly portion of Lots Nos. 225 and 226 on a Plan of Blkwood as recorded in the Cumberland County Recorder's office in Deed Book S-M, page 498. ~AVIN~ THEREON ERECTED the easterly one-half of a double brick dwelling house known an~ numbered as 125 Seventh Street. BRIN~ the same premises which Julia Trego ~anta and Jon Sam Ma~ta, a/k/a John S. Manta, her husband, by Deed dated February 24, 1989 and reconded March 16,1989 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book V-33, page 773, granted and conveyed unto C. Coyle and Myong C. Coyle, his wife. Re~o dad ' ~. -. 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 WASHINGOTN MUTUAL HOME LOANS, INC. SUCCESSOR BY MERGER TO FLEET MORTGAGE CORP. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoritieS. Date: November 8, 2001 Leon P. Haller, Esquire SHERIFF'S RETURN - CASE NO: 2001-06445 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS HILL DANIEL C REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HILL DANIEL C the DEFENDANT , at 1720:00 HOURS, on the 16th day of November , 2001 at 125 7TH STREET NEW CUMBERLAND, PA 17070 DANIEL HILL a 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 11.05 Affidavit .00 Surcharge 10.00 .00 39.05 Sworn and Subscribed to before me this ~4 ~- day of ~ '~[ A.D. ! 'Prothonotary So Answers: R. Thomas Kline ii/i9/200i PURCELL KRUG HALLER By: ~ · WASHINGTON MUTUAL HOME LOANS : INC. SUCCESSOR IN INTEREST BY : MERGER TO FLEET MORTGAGE CORP.: : PLAINTIFF : : VS. : : DANIEL C. HILL : : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06445 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PRAE C I PE Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER Leon P/Hailer ID %15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 14, 2004