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HomeMy WebLinkAbout01-3223HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE TI-IIS FIRM IS A DEBT COLLECTOR AND WE ARE ATT~MPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TH~ PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set fo~h in the following pages, you must take actioo within twenty (20) days after the Complaint and notice are served, by entering a writ~n appearance personally or by attorney and filing in writing with the court your defenses or objections to the clain~s set forth against you. Yon 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 fxtrther z~otice 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 t~ you. YOU SHOULD TAKE THIS POPEK 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 RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS [MPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFEP,.ENCIA DE ABOGADOS), (215) 238-6300. 'l lt E (.;OPY FROM R eCOFID In TIsIIII11~ IkllSiid, I I~ll unto ~t I1~ Itllll CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, 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 tho said thirty (30) day period that the aforesaid debt, or any portion thereof, Js 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 enrrent creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE : COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, PAUL D. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, MELINDA S. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $102,100.00 payable to HOMESIDE LENDING, INC. 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 Defenders Plaintiff also avers that the within Mortgage Foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is um~ecessary pursuant to Rules 1019(h) and 1141 (a) o f the Pe~msylvania 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 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein by reference. 5. Thc land subject to the Mortgage is: 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. 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 January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.15 per day From 12/01/2000 To 06/01/2001 ( based on contract rate of 8.625%) Accumulated Late Charges Late Charges $37.56 From 01/01/2001 to 06/01/2001 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $97,985.93 $4,213.30 $150.20 $225.36 $66.71 $4,899.30 $107,407.38 The attorney's fees set forth above are in confomfity 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 attoroey's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice oflntention 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. **Together with interest at the per diem rate noted above after June 01, 2001 and other charges and costs to date of Sheriff's Sale. 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 8.625% ($23.15 per diem), together with other charges and costs including escrow advances incidental thereto to the da~'j~Sheriff's Sale and for foreclosure and sale of the property within described. ~00,0 L~on P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: m~,,~: n,'ERIIZICATION 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 ~p~ 22, 2001 Title Leanne Galvin,Vice President HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS ~'IRM IS A DEBT COLLECTOR AND WE ARE ATrEMPTINGTO 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 actiou wtth n twenty (20) days after the Complamt and notice are served, by entering a written appearance personally or by attorney aud filing in writing with the com't your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so the case may proceed without you and a judgment may be entered against you by the Coral withant 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 mtportant to you. YOU SHOULD TAKE THIS POPER 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 WI{ERE 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 QUEJ'AS 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 El4 FOP-aMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECClON 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 ABOOADO, 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 TRUE t,OPY FROM RECORD 717-249-3166 'n Tmmmy w rea , I ur o my ImW HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, 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 Plaintiffand 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 it' different from the current creditor. PURCELL, K_RUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW' : ACTION OF MORTGAGE FORECLOSURE ; COMPLAINT IN MORTGAGE FORECLOSURe. 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, PAUL D. DANKOWSKY, is an adult individual, whose laat known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, MEL1NDA S. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $102,100.00 payable to HOMESIDE LENDING, INC. 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 Defendat~.~s 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. 4. 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 Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the real owners of the property. The Morigage is in default due to the fact that Mortgagors have failed to pay the installmant due oo January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.15 per day From 12/01/2000 To 06/01/2001 ( based on contract rate of 8.625%) $97,985.93 $4,213.30 Accumulated Late Charges Late Charges $37.56 From 01/01/2001 to 06/01/2001 $150.20 $225.36 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $66.71 $4,899.30 $107,407.38 **Together with interest at the per diem rate noted above after June 01, 2001 and other cbarges and costs to date of Sheriff's Sale. The attorney's tees 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and qccelerate thc 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 tho 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, Plaintiffdemands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.625% ($23.15 per diem), together with other charges and costs including escrow advances incidental thereto to the dafof)~Sheriff's Sale and for foreclosure and sale of the property within described. ~ [7 t/r) Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: ~a,,~: VERIIeICATION 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~c 99, :2ool By Title Leaune Oalv:l.n,V~.ce Pres~.dent HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS IqRM 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 actiou 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 againsl 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 chim or relief requested by the Plaintiff. You may lose money or property or other rights important t~ you. YOU SHOULD TAKE THIS POPER 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 WItERE 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. Sl 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, KEGISTRE CON LA CORTE EI~ 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. Sl 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 HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, 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. Plalntiffis 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 writteu verification of the said debt from the Plaintiffand mail sanre 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 HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE . : COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, PAUL D. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, MELINDA S. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $102,100.00 payable to HOMESIDE LENDING, INC. The Said Note is not accessible to Plainfiffand is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defenders Plaintiff also avers that the within Mortgage Foreclosure complaint is based upon the Mortgage and that the attaelunent of a 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 Comity and Commonwealth conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the mai owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the iustallment due on January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.15 per day From 12/01/2000 To 06/01/2001 ( based on contract rate of 8.625%) Accumulated Late Charges Late Charges $37.56 From 01/01/2001 to 06/01/2001 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $97,985.93 $4,213.30 $150.20 $225.36 $66.71 $4,899.30 $107,407.38 **Together with interest at the per diem rate noted above after June 01, 2001 and other charges mad 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 cfa 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate tiao loan balm~ce pursuant to Permsylvania 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 Administratiol~ 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 8.625% ($23.15 per diem), together with other charges and costs including escrow advances incidental thereto to the da~d~S~riWs Sale and for foreclosure and sale of the property within described. By: _ PURCELL, KRUG & HALLER t Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: VERIFrCATION 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 ~ 22, 2001 Title Leanne Galvin,Vice President SHERIFF'S RETURN - CASE NO: 2001-03223 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS DANKOWSKY PAUL D ET AL NOT SERVED R. Thomas Kline Sheriff according to law, says, that he made a diligent the within named DEFENDANT , to wit: DANKOWSKY MELINDA S unable to locate Her in his bailiwick. He COMPLAINT - MORT FORE who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT NOT SERVED , as to DANKOWSKY MELINDA S STOPPED SERVICE PER STACY. COMPLAINT AMMENDED. Sheriff's Costs: Docketing 6.00 Not Served 5.00 Affidavit .00 Surcharge 10.00 ~'~Or, L~ S KLINE ~ FF OF CUMBERLAND COUNTY PURCELL, KR~JG & HALLER 05/30/2001 Sworn and subscribed to before me this R~ ~ day ~s~] A.D. Prdk~onotary SHERIFF'S RETURN - CASE NO: 2001-03223 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS DANKOWSKY PAUL D ET AL NOT SERVED , who being duly sworn search and inquiry for R. Thomas Kline , Sheriff according to law, says, that he made a diligent the within named DEFENDANT , to wit: DANKOWSKY PAUL D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT NOT SERVED , as to DANKOWSKY PAUL D STOPPED SERVICE PER STACY.AMENDING COMPLAINT. Sheriff's Costs: Docketing 18.00 Not Served 5.00 Affidavit .00 Surcharge 10.00 33.00 PURCELL, KR.U~' & HALLER 05/30/2001 Sworn and subscribed to before me this ~-~ day of ~,. ~'~1 A.D. PrOthonotary , I · HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY Defendants IN THE COU~T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-03223 IN MORTGAGE FORECLOSURE ORDER ANDNOW, this ~ day of ~-~u~ , 2001, leave is granted to Plaintiff to amended the caption in the above case to reflect the correct name of Defendant as Melinda Sue Dankowsky a/k/a Melinda Sue Anderson rather than Melinda S. Dankowsky and the Cumberland County Sheriff's Office and Prothonotary's Office are directed to change their dockets and records accordingly. BY THE COU~T: HOMESIDE LENDING, INC. Plaintiff : VB. : PAUL D. DANKOWSKY AND MELINDA : S. DANKOWSKY : : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-03223 IN MORTGAGE FORECLOSURE NOTION TO mlw~ wal OF DEF~m~Tt w?.~a S. nawnWSE~, TO ILINDA SUM DANEOWSK"~ A/]~/A ILT~a SUM mw~lw~nw 1. Plaintiff, Homeside Lending, Inc., heretofore filed a Mortgage Foreclosure Complaint in the above case. 2. Defendant is listed as Melinda S. Dankowsky. 3. The mortgage documents refer to the correct name of Defendant as Melinda Sue Dankowsky a/k/a Melinda Sue Anderson. WHEREFORE, Plaintiff requests that it be allowed to amend the caption to reflect the correct name of Defendant as Melinda Sue Dankowsky a/k/a Melinda Sue Anderson rather than Melinda S. Dankowsky. Dated: ~b/ne 7, 2001 Leon P. Hall~ 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID %15700 Attorney for Plaintiff V~R'r F'rCAT'rON I verify that the statements made in the foregoing Motion to Amend Name of Defendant are true and correct. I understand that false statements herein are made subject to Pa.C.S. §4904 relating to unsworn falsification the penalties of 18 to authorities. Leon P. Hall~r Dated: ~une 7, 2001 HOMESIDE LENDING, INC. Plaintiff vs. PAUL D. DANKOWSKY and MELINDA S. DANKOWSKY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-03223 IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned action. PURCELL, KRUG & HALLER Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: August 9, 2001 SHERIFF'S RETURN CASE NO: 2001-03223 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS DANKOWSKY PAUL D ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DANKOWSKY PAUL D the DEFENDANT , at 0020:51 HOURS, on the 13th day of August at 9 WILTSHIRE WEST STREET , 2001 CARLISLE, PA 17013 PAUL D. DANKOWSKY by handing to a true and attested copy of COMPLAINT - MORT FORE REINSTATED WITH NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /?--~ day of ~,=_,~ ~g-~z~ / A.D. 'P~othonotary So Answers: 08/14/2001 PURCELL, KRUG & HALLER v Deputy Sheriff HO~SIDE LENDING, INC. Plaintiff PAUL D. DANKOWSKY and : MELINDA SUE DANKOWSKY : a/k/a/MELINDA SUE ANDERSON: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-03223 CIVIL ACTION - LAW IN MORTOAOE FORECLOSURE PRELIMINARY OBJECTIONS OF DEFENDANT PAUL D. DANKOWSKV MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.ILCIV. P. 1028(a)(3) The complaint in the captioned action purports to be a complaint in mortgage foreclosure. The Plaintiffhas attached neither a copy of the alleged mortgage nor a copy of the note that underlies it, to its complaint. 3. Contrary to the Plaintiff's assertion, Defendant Paul D. Dankowsky has neither a copy of the mortgage nor a copy of the note in his possession. 4. In paragraph seven of its complaint, Plaintiff purports to calculate the amount that is due, but does not disclose how it is calculates the per diem interest rate, the purported late charges that are due or the alleged unpaid prinicipai balance. 5. Without the information desen'bed in the previous paragraphs hereo~ Defendant Paul D. Dankowsky is unable to adequately defend himself in the captioned action; Defendant Paul D. Dankowsky therefore believes and avers that the Court needs to order Plaiotiffto amend its complaint in a manner that would provide the information that is missing. WHEREFORE, Defendant Paul D. Dankowsky requests this Honorable Court to enter an Order requiring Plaintiffto amend its complaint to provide the information that is missing as detailed above and, upon Plaintiff's failure to do so, to dismiss that captioned action, and to provide any other reliefthh Court deems appropriate. Attorn~for ~efendant Pa~ D. Dankowsky 407 Nortl~ro~t St., First Floor Harrisharg,'FA 17101 (717) 238-3686 Sup~r~.e Court I.D. # 53729 2 HOMESIDE LENDING, INC. : Plaintiff : : V. .' . PAUL D. DANKOWSKY and : MELINDA SUE D~uN"KOWSKY : I~q~YaY MELINDA SUE ANDERSON: Def,~t~s · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-03223 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant Paul D. Dankowsky, hereby certify that I have served the attechcd document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Leon P. Hailer, Esquire Purcell, Krug & Hailer Attorneys for Plaintiff 1719 North From Street Harrisburg, PA 17102 Anthony T./M~th, Esq. Attorney f~r De~endant Paul D. Dankowsky 407 North~0j~St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supren~ Court I.D. # 53729 ~OMESIDE LENDING, INC. Plaintiff vs. PAUL D. DANKOWSKY AND MELINDA SUE DANKOWSKY a/k/a MELINDA S. ANDERSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-03223 IN MORTGAGE FORECLOSURE I, Jane Alexander, Esquire, hereby accept service of the Complaint on behalf of Defendant, Melinda Sue Dankowsky a/k/a Melinda Sue Anderson, in the above captioned action. Dated HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA SUE DANKOWSKY a/k/a MELINDA SUE ANDERSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 2001-03223 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATIEMPTINGTO COLLECT A DEBT OWED TO OUR CI.W-NT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR 'rm~ PURPOSE OF COLLECTING '!'-~: 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 persounlly 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 reqnested by the Plaintiff. You may lose money or property or other tights important te you. YOU SHOULD TAKE THIS POPER 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 QUFJAS 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 NOTI~ICARIO, 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 HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN'I~, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE : : NO. 2001-03223 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 Pla'mtiff, 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 therenf 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 Hun'isburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA SUE DANKOWSKY a/k/a MELINDA SUE ANDERSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ; ACTION OF MORTGAGE FORECLOSURE NO. 2001-03223 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, PAUL D. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, MELINDA SUE DANKOWSKY afrda MELINDA SUE ANDERSON, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, thc said Defendants executed and delivered a Mortgage Note in the sum of $102,100.00 payable to FIRST TOWN MORTGAGE CORPORATION, a copy of said Note attached hereto and made a part hereof as 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. A copy of said Mortgage is attached hereto and made a part hereof as Exhibit "B". Said Mortgage was subsequently assigned to Homeside Lending, Inc. as recorded in the aforementioned County on May 29, 1997, recorded in Misc. Book 548, Page 780. Said Assignment of Mortgage is incorporated herein by reference. 4. The land subject to the Mortgage is: 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013, and is more particularly described in Exhibit "C" attached hereto and made a part hereto. 5. The said Defendants are the real owners of the property. 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.15 per day From 12/01/2000 To 06/01/2001 ( based on conixact rate of 8.625%) Accumulated Late Charges Late Charges $37.56 From 01/01/2001 to 06/01/2001 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $97,985.93 $4,213.30 $150.20 $225.36 $66.71 $4,899.30 $107,407.38 **Together with interest at the per diem rate noted above after June 01, 2001 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 judgement 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 Peunsylvania Act No. 91 of 1983. WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.625% ($23.1 $ 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:. PURCELL, KRUG & HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Multisteie 47oo945s89 ^DJUSTABL£ RATE NOTE Bo~m~fuMchpcnoi3,ilnjn~atd~eadu~lhisN4x~andlhel2Cr~S_e,___v~,~4mvs~nci~n$. Lm~ mrL~s L seO~ROWER". PROMISE TO t qY; ~ In r~ql for a loth ruc~ved Lrrmu .Jiduc. Banu~ ;mmbu m pe~; zh~ principal mm o( 4, MANNBII OF PAYMHNT (A) Time 50flOU~ M make a ps,ri.ali o( p,a, glpd ~d ~ I~ Lendcw Ge Ibc first day ~ each mo.ih b~irltt~z~ on aO~ , yin be dK~e tJut dm~ wM:b is cMM du'Mm~ I~:' lB) F'dce (C) Am InMdly. MCh moeddy pl~u~r t M pladplJ lid m wdl be m Ih~ nn~'Wnl oi' U.S. $ 645.33 Tbm amQum v,d be pen d o bsl~ awaily i1~ swpbed I~ Ihc Sa°fit% Inaumucol Ih~ shall bc apfdlcd m ~. S(I;) ad'Ebb Na~. IIIlillllllllll l llll pOOR m m m imm m Imy ~, .!g~m~P_ ~r m lOM (O.13llm), idljlm lO Iim i~miM *mid m Pllllmpb S(D) ~i' bs Ne~ :bJl. m J ,ii,dj I1 i~m, mmefm{ el tim m mOlmbl~ pmymUll d Im~l:lpml md minim FSmmumy bilg~ mef pmo~mmtl mmqmbo i pl~mmmm I IMI ~ Imo ~ bmllmo mummm q~ mm mi ~ {l PI~III mil '".~ J~,~ ~ ' 'I NJ. O7O94 MORTGAGE .{ Z:MIbl ('d,S. S ,el,'~ou.oo ). ~,.~.~ --r~ .4.,. ,m..~ m munro m tamdm. ~ {lmm mpm~mm m m nm m '~ m"' mBmll 3'l'7 aoo~:1.357 elu 3'19 ~!. J~mlmam~ Peded. Bmuuer'm t~momo Nimmm P°ddmdb'pmmmlmph iOddmmmdmmcmmmlmmpmbr m am ~o~ ~wal~! m m dmmtrm ma m mira mW immmm m ~dm t~'"'m~kmimmm' aL FmtlmMmm~ldmmtpgm. [i. mm~yd'tlmddim~ ddm JmmmimT ImmmmWkmmgmmmmmm m ddm m dine pmlam~, dmim ~mm,,,~ Tmmmmm d~ m mpmdmm mmmt~ S3. bmmme ~alm~Ji~'3dgmmm& ~m~m'm~mmmmm dmmFmammmmFm~mklmm~mmrm'kadgmmmbemmmmmmlmm the t,kmm m k m _=.__. d mmg~ bm~ mlmll ke the mm pmffsklm &m dmmm m mrm m d~m Nmr" Iwb. x FHA rSCROH RXO£R mo0K:L3b";'e m 32J. nuL'~T~pTZOM ..4 IIBCZTAL . , .... ~- -~-~ GSh~A-~0 ~or and o~ behal£ o£ the Grantee ~ t~ Qr~t~'s heirs, _hie ~ , ~i~ ~8ociatl~ in ~ce with t~ ~1~o~ ~lnz~ ~c of ~n ~ a~ ~ a~ect to a ~ as ~cti~ 3407 (e) ~ent ~it ~r o~ li~iltty for ~ior ~za asKem~cs. ~t e~ll ~ vith a~ bi~ t~ ~lt ~ c~ a~ all '~.~*~ in D~ed Book 132 uaGu 6&8 conveyed unto l~¥apgle vanguam ~zux~uu ~ehip, · Penna. limlt&d partnm~hip. PA3 PAGB 7 CONDOMINIUM RIDER W (,Bmnmer~ m mcure ~m,,,,.. -'s Nm~ to ,Th8 pmtn~ .~klnns h..4.d.. ,I unit h. U~ w~th m md~idnd ~ms; ind''" '''''' damnn d. a (-Ownm .Msudlkn-) ImlM tim m imspm), ~ li~ bm~ ~ un d ils '''d'q ~ IMnMMm- i~ PnNmW abO indadm ~,[,~.n..I ~mit In ,h,. Ownen W snd Ih nam. -~mid h'''qs a( Bmumm''l tAMnt md imy~in Mm~ ~ml~ in d-- minton, fef k Pmiods. md slsk4t d' hnssnk Lmdm.[equm~indudinsMmdotber hamds--w witbhhlmm',mmd-d~s~mUgt, sd. undm./Mm~ 4 d M e.-~ IMl:mmm Io "'h"'h hmmd ~nmnm[~ aznll~ ,nm d' Zqqmw in lira d' tutmsfim ~r ns~k f~ a Jnss md'" I~, V'h"'b' lo d~e eandmubdum [mIt m t° AI USTABLE RATE RIDER (L-) Cmmmmmmmmm mflmmm mm C~mmem iNlm ..4 Cimlm ~mK Lmdm { 'd'"b"' mmm Immure bY { m mm{{~a{' m m ~{mm.m~m~m mmmmlm maintain{m) ( m.~mm 4{) m tim (Imam. {mira .,d {Im mm m {Ira m { aL' m { Imdm {0'1}'~}' lll{~m m d,,, ~dm ,,m,,m In ~mmm~m~lm (D) al' ll~m ~lm', ~llm mwmmdmd mmm qm~ll W Qram m m mm mQI dmmm mm (D)/dmlmm mm Immmm mm Cbmmmlm ~lm {mmm mm ,,B mm Immm m dm~m ~ mm Imm Immmml~ {{dm (I-O'S) m m~ dmllm Clmml~ i~m. ~ m m .~ll mm {m mm m I~m { Imim (s~O~l') I~llm m {mmm 'mm Im Imlmmml ALL that certain Unit, being unit No. 9 (the "Unit"}, of Meadowridge at Mayapple Village Condominium (the."Cohdominium'), located in South Middleton To,n- ship, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Meadow- ridge at Mayapple Village Condominium (the 'Declaration of Condominium') and Declaration Plats and Plane as recorded in the Office o~ the Recorder of Deeds of Cumberland County in Miscellaneous Book 518, Page 333 and Right of Way Plan Book 11, Page 19, respectively, as amended in Miscellaneous Books 525, Page 1199; and 535, Page 17~ and Right of Way Plan Book 11, Pages 25 and 47 respectively, and as the same may be subsequently amended from time to time. TOGETHER with an undivided percentage interest in the Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declara- tion Plats and Plans, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declara- tion Plate and Plans, as amended. BEINO part of the same premises which 539 Develop- ment Company, a Pennsylvania corporation, by Deed dated November 29, 1995, and recorded in Cumberland County Deed Book 132, Page 648, granted and conveyed unto Mayapple Vanguard himlted Partnership, Grantor herein. UNDER AND SUBJECT to any and all covenants, condi- tions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. '~EP-IV-2001 17:~ PU~CE)_L,I<RUG & HI~LLE~. ~1~ ~ 11~ P,~ COMPANY NAMe: ROMESZDI~ I',~NDZN~ INC. I verif~ that the statements made in the £oregoin~j Amended Complaint are true end correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.8. Hection 4904 relatlncj to unsworn falsifioation to authorities. SHERIFF'S RETURN - CASE NO: 2001-03223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS DANKOWSKY PAUL D ET AL REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DANKOWSKY PAUL D the DEFENDANT , at 2125:00 HOURS, on the 18th day of October , 2001 at 9 WILTSHIRE WEST CARLISLE, PA 17013 PAUL D DANKOWSKY 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 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this Y~ day of '~~ ~f A.D. FP~othonota-~y- , ! , So Answers: R. Thomas Kline 10/31/2001 PI/RCELL KRUG HALLER Deputy Sheriff SHERIFF'S CASE NO: 2001-03223 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS DANKOWSKY PAUL D ET AL RETURN - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DANKOWSKY MELINDA S the DEFENDANT , at 2020:00 HOURS, at 1553 THOMPSON LANE MECHANICSBURG, PA 17055 MELINDA SUE ANDERSON on the 30th day of October , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 25.10 Sworn and Subscribed to before me this ~-- day of '~ ~,-u.,.~.. [ ,,...-, ~ A.D. P~honotary So Answers: R. Thomas Kline 10/31/2001 PURCELL KRUG HALLER Deputy Sheriff HOMESIDE LENDING, INC. Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY 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 forth against you. You are warned that ffyou fail to do so the case may proceed without you and a judgment may be entered against you by the Court without furtber notice for any money claim in the Complaint of for any other claim or relief requested by the Plaimift: You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER 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 DEMA.NDADO 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 HOMESIDE LENDING, INC., Plaintiff VS. PAUL D. DANKOWSKY AND MELINDA S. DANKOWSKY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE - COMPLAINT IN MORTGAGE FORECLOSUI~I~. 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, PAUL D. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, MELINDA S. DANKOWSKY, is an adult individual, whose last known address is 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, the said Defendants executed and delivered a Mortgage Note in the sum of $102,100.00 payable to HOMESIDE LENDING, INC. 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 Plaintiff also avers that thc within Mortgage Foreclosure complaint is based upon thc Mortgage and that the attachment ora copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of thc Pennsylvania Rules of Civil Procedure. Contemporaneously with and at thc 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 Said Mortgage is incorporated herein by reference. 5. Thc land subject to thc Mortgage is: 9 WILTSHIRE WEST STREET, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the real owners ofthe property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.15 per day From 12/01/2000 To 06/01/2001 ( based on contract rate of 8.625%) Accumulated Late Charges Late Charges $37.56 From 01/01/2001 to 06/01/2001 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $97,985.93 $4,213.30 $150.20 $225.36 $66.71 $4,899.30 $107,407.38 **Together with interest at the per diem rate noted above after June 01, 2001 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 sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement 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 8.625% ($23.15 per diem), together with other charges and costs including escrow advances incidental thereto to the da~yf).Sh_eriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: m~,.~,,,.: 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 ~ ~2, 2001 By Title Leanne Ga~vtn,Vice President HOMESIDE LENDING, INC. : PLAINTIFF : : VS. : : PAUL D. DANKOWSKY and : MELINDA S. DANKOWSKY : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-032123 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 By: on P. ~er ID #15700 Attcrney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 14, 2004