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Home My WebLink About02-0691MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. CHERI JO BERRY ROBERT S. BERRY 2215 Putt Lane Enola, PA 17025 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 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 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 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. Plaintiff VS. CHERI JO BERRY ROBERT S. BERRY, 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 vhlidity 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 Homeside Lending, Inc. Plaintiff VS. CHERI JO BERRY AND ROBERT S. BERRY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : : .COMPLAINT IN 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 Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with as address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, CHERI JO BERRY, is an adult individual whose last known address is 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025. Defendant, ROBERT S. BERRY, is an adult individual whose last known address is 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025. On or about, July 30, 1999, the said Defendants executed and delivered a Mortgage Note in the sttrn of $86,815.00 payable to CTX MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to Fleet Mortgage Corp. and was recorded in the aforesaid County. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and will be sent for recording. Said Mortgage and Assignments are incorporated herein. 5. The land subject to the Mortgage is: 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.60 per day From 09/01/2001 To 03/01/2002 ( based on contract rate of 8.0000%) Accumulated Late Charges Late Charges $25.48 From 10/01/2001 to 03/01/2002 Escrow Balance (Deficit) $84,881.36 $3,366.60 $76.44 $127.40 $7.34 Attorney's Fee at 5% of Principal Balance $4,244.07 TOTAL $92,703.21 **Together with interest at the per diem rate noted above after March 01, 2002 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 judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure 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 pennsylvania 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 8.0000% ($18.60 per diem), together with other charges and costs including escrow advances incidental thereto to the da~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) Hs147803.ti~ (1696x2800x2 ti~) [3] NOTE 3. ~A~ ................. :~[b Hs147803.t%~ (1696x2800x2 tit~) [4] Hs147803.ti~ {1696x2800x2 titt) [7] THAT ¢I~RT Ot~o~m, to th~e W smd Ia~.~ --. ~nrth o~Sdc~o~ Writ, tS?.tS . ~NG.~ontiininloflc ~d bur-tenth iL4) VERIFICATION I, Leon P. Hailer, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. through Homeside Lending, Inc., holder of the entire beneficial interest in the mortgage. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: February 07, 2002 Leon P. Hailer, Esquire MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. CHERI JO BERRY ROBERT S. BERRY Plaintiff Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FOREcLoSuRE No. 02-691 CIVIL PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: April 5, 2002 PURCELL, KRUG, & HALLER 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 s) 56~-7ooo ATTORNEY FOR PLAINTIFF APR 0 CENDANT MORTGAGE CORPORATION, F/K/A PI-IH MORTGAGE SERVICES CORPORATION VS. THOMAS S. AYERS BETSY L. AYERS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-729 CIVIL TERM ,2002, upon consideration of AND NOW, this ~ day of~~_O g Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Complaint on the above captioned Defendant(s) THOMAS S. AYERS AND BETSY L AYERS, by mailing a tree and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at, 379 OLD STATE ROAD, GARDNERS, PA17324} ~ ~ ~P~ ~;~d~ ~dP, Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00691 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTRATIO VS BERRY CHERI JO ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BERRY CHERI JO unable to locate Her COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the , NOT FOUND the within named DEFENDANT , BERRY CHERI JO PER THE POST OFFICE, CHERI NOW LIVES AT , as to 623 DELLVILLE ROAD DUNCAN-NON, PA. 2215 Putt Lane Enola is vacant. Sheriff,s Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 R~Thom~s Kline Sheriff of Cumberland County PURCELL KRUG HALLER 03/12/2002 Sworn and subscribed to before me this _ /~e,_ day of 7~ ~Ou.L A.D. Pr r~ ~, SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00691 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTRATIO VS BERRY CHERI JO ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT BERRY ROBERT S unable to locate Him COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT BERRY ROBERT S PER POST OFFICE: MOVED, LEFT NO FORWARDING. 2215 Putt Lane Enola is vacant. Sheriff.s Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answer~.m~- R.' Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 03/12/2002 Sworn and subscribed to before me this _y~- day of ~ _ 2~2~ A.D. ~ofhonot ary SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00691 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTR3ITIO VS BERRY CHERI JO ET AL R. duly sworn according to law, says, that inquiry for the within named defendant, BERRY CHERI JO Thomas Kline ,Sheriff or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , , NOT FOUND as to the within named DEFENDANT LIVES IN DUNCANNON, PERRY COUNTY BERRY CHERi JO Sheriff's Costs: Docketing 18.00 Service 4.83 Not Found 5.00 Surcharge 10.00 .00 37.83 R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 04/23/2002 Sworn and subscribed to before me this /~ day of ~2~ A.D. Prothonotary SHERIFF'S CAS~ NO: 2002-00691 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTRATIO VS BERRY CHERI JO ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BERRY ROBERT S but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, in his bailiwick. County, to On April 23rd , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 04/23/2002 RI Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this /~ day of ~,~ / / Prothonotary~ / , SHERIFF'S RETURN CASE NO: 2002-00691 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTRATIO VS BERRY CHERI JO ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BERRY CHERI JO but was unable to locate Her deputized the sheriff of PERRY , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE , to wit: He therefore Pennsylvania, to On April 23rd , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Perry Co 35.95 .00 60.95 04/23/2002 R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER Sworn and subscribed to before me this /~ day of %. ~oP~ A.D. · ' Prothono%a~y' SHERIFF~'S RETURN - CASE NO: 2002-00691 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTROIC REGISTRATIO VS BERRY CHERI JO ET AL REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERRY ROBERT S the DEFENDANT , at 1600:00 HOURS, on the 18th day of April , 2002 at 468 BERNHEISEL BRIDGE ROAD CARLISLE, PA 17013 ROBERT S BERRY a true and attested copy of COMPLAINT by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this /~ day of ;Prothonotary' 04/23/2002 PURCELL KRUG HALLER // By: ......· .... · /~/ Dep~y ~r~lff Return this form to Ctlnberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systens, Inc VS. Cheri Jo Berry et al SERVE: Cheri Jo Berry No. 02 691 civil Now, April 10, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within upon April 15~ ,20_02_, ~ 11:10 Complaint in Mortgage Forclosure Cheri Jo Berry o'clock A M. served the at 623 Dellville Rd, Duncannon: Pm_ 17N9~ by handing to Gerald Deschens, Def. Father a True & Attested and made known to Him . copy of the original Comp. Mt~ Fore the contents thereof. So answers, James T. Bennett Deputy Sheriff of Perry County, PA Sworn and subscribed before methis 15 dayof April ,20 02 .10 NOTARtAL $~t OH I / MAR~£FLICKINGER, NOTARYPUTI C ! I I~.O0~EL~ ~ORO.,I~RRYCOUNr~ I I MYCOMMBSLONEXPI[1E$~I~I. 16.~OO4 I COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN In the Court of Common Pleas Of the 41't Judicial District of Pennsylvania-Perry County Branch Mortgage Electronic Registration Systems,Inc. ¥$ Robert S. Berry 623 Dellivlle Rd. Duncannon, Pa. 17020 or 1271 Flowers Lane, Marysville,Pa.17053 NO. 02-691 Civil Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Robert Berry, but was unable to locate him/her in his bailiwick. He therefore returns the Complaint in Mortgage Fomlosure to the within named Robert Berry, of 623 Dellville Rd. Duncannon, Pa. 17020 or 1271 Flowers Lane Marysville, Pa. 17053, NOT FOUND. Occupant and residence, Gerard Deschens state that Mr. Berry moved out. He lives somewhere is Cumberland County. So Answers, Swom and subscribed to before me this /5~/xdayof /~/0r~ t ,2002. [ BLOOMRELD ~..~R~ ~um~ I ] ~MglSStON~IR~FEB. 16.2004 ] Carl E. Nace Sheriff of Perry County Return this form to C~nberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems, Inc VS. Cheri Jo Berry et al SERVE: Robert S. Berry No. 02 691 civil Now, April 10, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Pla'mtiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20 , at o'clock __ M. served the upon at by handing to a and madeknownto copy 'of the original So answer, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. CHERI JO BERRY ROBERT S. BERRY 2215 Putt Lane Enola, PA 17025 Defendants TRUE COPY FROM RECORD oay K OF CUMBE~A~ CO~TY CIVIL ACTION - Ix'AW ACTION OV MORTGAGE 6m C OSU 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 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 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 LMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFEILENCIA 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, INC. C/O Homeside Lending, Inc. Plaintiff VS. : IN THE.COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE CHERI JO BERRY ROBERT S. BERRY, Defendants 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 Attomey I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. Plaintiff VS. CHERI JO BERRY AND ROBERT S. BERRY, Defendants IN THE COURT OF COMMON PLEAS CLqVIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN 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 Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with as address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, CHERI JO BERRY, is an adult individual whose last known address is 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025. Defendant, ROBERT S. BERRY, is an adult individual whose last known address is 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025. On or about, July 30, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $86,815.00 payable to CTX MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to Fleet Mortgage Corp. and was recorded in the aforesaid County. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and will be sent for recording. Said Mortgage and Assignments are incorporated herein. 5. The land subject to the Mortgage is: 2215 PUTT LANE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRiNCIPAL BALANCE Interest at $18.60 per day From 09/01/2001 To 03/01/2002 ( based on contract rate of 8.0000%) Accumulated Late Charges Late Charges $25.48 From 10/01/2001 to 03/01/2002 Escrow Balance (Deficit) $84,881.36 $3,366.60 $76.44 $127.40 $7.34 Attorney's Fee at 5% of Principal Balance TOTAL $4,244.07 $92,703.21 **Together with interest at the per diem rate noted above after March 01, 2002 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 judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure 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. Plaintiff has 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 Pennsylvania 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 8.0000% ($18.60 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S~f's Sale and for foreclosure and sale of the property within described..,,4' By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs147803.t±~ (1696x2800x2 t±~t) [3] NOTE Hs147803.ti~ (1696X2800x2 ti~t} [4] Hs±47803.ti~ (1696x2800x2 ti~) [7] VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are tree and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. through Homeside Lending, Inc., holder of the entire beneficial interest in the mortgage. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: February 07, 2002 Leon P. Haller, Esquire MORTGAGE ELECTRONIC REGIS- TRATION SYSTEMS, INC., Plaintiff VS. CHERI JO BERRY ROBERT S. BERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-691 Civil IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 11, 2002 ,%