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Home My WebLink About01-4948HOMESIDE LENDING, INC. VS. DAVID B. BURKEY AND KELLI R. BURKEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendants t~ ~)~_ ~q~r~ ~.~C '.{,t~ 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 S1N SU PART1CIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUEPdRA 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 IMMED1ATEAMENTE. 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. DAVID B. BURKEY AND KELLI R. BURKEY, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC., Plaintiff VS. DAVID B. BURKEY AND KELLI R. BURKEY, Defendants : 1N 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 whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. Defendant, DAVID B. BURKEY, is an adult individual, whose last known address is 237 SUSQUEHANNA AVENUE, ENOLA, PENNSYLVANIA 17025. Defendant, KELLI R. BURKEY, is an adult individual, whose last known address is 237 SUSQUEHANNA AVENUE, ENOLA, PENNSYLVANIA 17025. On or about, September 10, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $79,346.00 payable to EQUITY ONE, INCORPORATED. The Said Note is not accessible to Plaintiff and is believed to be in the possession of Defendants. 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 unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1570, Page 208 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and recorded in the aforesaid County in Mortgage Book 628, Page 479. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 237 SUSQUEHANNA AVENUE, 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 April 01,2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.35 per day From 03/01/2001 To 09/01/2001 ( based on contract rate of 9.000%) Accumulated Late Charges Late Charges $29.60 From 04/01/2001 to 09/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $78,510.89 $3,560.40 $287.41 $177.60 $818.82 $3,925.54 $87,280.66 **Together with interest at the per diem rate noted above after September 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 No. 6 of 1974 is not required in that the original balance exceeds $50,000.00. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.000% ($19.35 per diem), together with other charges and costs including escrow advances incidental thereto to the date of She's Sale and for foreclosure and sale of the property within described. PURCELL, Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) H$119759 (1696x2800x2 tiff) [11] COMPANY NAME: HOMESIDE LENDING, INC 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 21, 2001 Title TOTAL P.O? HOMESIDE LENDING, VS. DAVID B. BURKEY AND KELLI R. BURKEY INC. Plaintiff De~ndants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIN - LAW NO. 2001-04948 IN MORTGAGE FORECLOSURE STATEMENT OF INTENTION TO iPROCEED TO THE PROTHONOTARY: Plaintiff intends action. by the to proceed in the above captioned However, the case was stayed by Bankruptcy as evidenced Suggestion of Bankruptcy heretofore filed. Dated: September 14, 2004 PURCELL, KRUG ~HALLER Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (71711234-4178 Attorney ID #15700 Attorney for Plaintiff HOMESIDE LENDING, INC. : Plaintiff : VS. DAVID B. BURKEY AND KELLI R. BURKEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIN - LAW : NO. 2001-04948 : 1N MORTGAGE! FORECLOSURE SUGGESTION OF BANKRUPTCY David B. Petition PLEASE TAKE NOTICE that the above Burkey and Kelli R. Burkey, filed a of Bankruptcy in the United States the Middle District of Pennsylvania, Case November 2, 2001. Pursuant to Section 362 of all proceedings in this case are to be stayed. captioned Defendants, Chapter 13 Voluntary Bankruptcy Court for No. 1-01-05880, on the Bankruptcy Code, PURCELL, KR~&~& HALLER ' · , Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: September 14, 2004 CERTIFICATE OF SERVICE I, Leon p. Haller, Attorney for Plaintiff, hereby certify that a true and correct copy of the foregoing Suggestion of Bankruptcy was forwarded to the following individuals by regular U. S. Mail, first class service, postage prepaid, on September 14, 2004, addressed as follows: David Brian Burkey, Sr. Kelli Rachelle Burkey 237 Susquehanna Avenue Enola, PA 17025 Charles j. DeHart, III, Esquire Post Office Box 410 Hummelstown, PA 17036 Michael S. Travis, Esquire Suite 209 4076 Market Street Camp Hill, PA 17011 Dated: September 14, 2004 Leon p. H e~-i-~--r