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Home My WebLink About01-0012FLEET MORTGAGE CORP. VS. AMYJ. BOYA Plaintiff 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 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 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 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 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 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 FLEET MORTGAGE CORP., VS. AMYJ. BOYA, Plaintiff De~ndant 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 FLEET MORTGAGE CORP., VS. AMYJ. BOYA, Plaintiff De~ndant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FLEET MORTGAGE CORP., is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSiN 53201. 2. Defendant, AMY J. BOYA, is an adult individual, whose last known address is 159 FAITH CIRCLE, CARLISLE, PENNSYLVANIA 17013. On or about, June 10, 1998 the said Defendant executed and delivered a Mortgage Note in the sum of $81,250.00 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 1461, Page 692 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and recorded in the aforesaid County in Mortgage Book 579, Page 1038. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 159 FAITH CIRCLE, CARLISLE, PENNSYLVANIA 17013 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 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $79,763.24 Interest at $16.38 per day From 06/01/2000 To 01/01/2001 ( based on contract rate of 7.500%) $3,505.32 Accumulated Late Charges $29.26 Late Charges at $29.25 Per month for 7 months $204.75 Escrow Deficit $286.65 Attorney's Fee at 5% of Principal Balance $3,988.16 $87,777.38 **Together with interest at the per diem rate noted above after January 1,2001 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. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Peunsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has 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 7.500% ($16.38 per diem), together with other charges and costs including escrow advances incidental thereto to t~f Sheriff's Sale and for foreclosure and sale of the property within described. ~ ~ ~I~CEL~ALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 lq. Front Street Harrisburg, PA 17102 (717-234-4178) · ~OT~ · ~~ NOTICE: THIS LOAN [$ NOT ASSUMABLE WITHOUT T~t~ APPRO~/AL OF THE DEPARTMENT OF VETERANS AFFAIRS OR II~ L~.q~IORIZED AGENT. ~aLLS~ ,~[~ " ...... ' ..... No~ Con~l '-,., "__,,. = ...... :~ --"' . llllllll First American ~Ttle Iasutmge Compavo, 10:56 PURCELL, t RUG, HA,. L.ER COMPAN'Y NAME: FLEET MORTGAGE CORP VIV, RTIVlC ATION I v,rifv That the statements made it~ the foregoing Complaint are true and correct. I understand that fa/se statemenls tiea~iti are made subject to the penalties of 18 Pa. C.S. Section 4904 rclating to unswom falsification to authorities. Dule~l. 29, 2000 TOTAL F'.F' FLEET MORTGAGE CORP. PLAINTIFF VS. AMY J. BOYA DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COI/NTY, PENNSYLVANIA NO. 2001-12 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RA E C I P ~ Kindly Settle and Discontinue the above matter of record. P~& HALLER By: ( Leon P. Haller Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 16, 2001 0 K HZ~ SHERIFFIS RETURN - CASE NO: 2001-00012 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERI~AND FLEET MORTGAGE CORP VS BOYA AMY J REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYA AMY J the DEPENDANT at 0018:55 HOURS, on the 22nd day of January at 159 FAITH CIRCLE 2001 CARLISLE, PA 17013 by handing to AMY J. BOYA a true and attested copy of COMPLAINT - NOTICE MORT PORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this /~ day of J~ ~/ A.D. / ~rothonotary ' z , R. Thomas Kline 01/23/2001 PURCELL, KRUG & HALLER