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Home My WebLink About01-4983BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff VS. TAMMY LEWELLEN AND NANCY A. MCDILDA 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 1'HE 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. 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 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. TAMMY LEWELLEN AND NANCY A. MCDILDA, 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 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. TAMMY LEWELLEN AND NANCY A. MCDILDA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTRY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis BANKONE, NATIONAL ASSOCIATION, TRUSTEE, a national association whose address is 9275 SKY PARK COURT, SUITE 300, SAN DIEGO, CA 92123. 2. Defendant, TAMMY LEWELLEN, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PA 17013. Defendant NANCY A. MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PA 17013. 3. On or about, July 27, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $58,400.00 payable to OLD KENT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 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 Mortgage was subsequently assigned to BANKONE, NATIONAL ASSOCIATION, TRUSTEE and will be sent for recording. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PA 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 March 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $58,092.01 Interest at $19.36 per day From 02/01/2001 To 09/01/2001 ( based on contract rate of 12.0000%) $4,104.32 Accumulated Late Charges $0.00 L~e Charges $30.04 From03/01/2001 to 09/01/2001 $180.24 Escrow Deficit $0.00 Attorney's Fee at 5% of Principal Balance TOTAL $2,904.60 $65,281.17 **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. Plaintiffhas complied with the procedures required by Pennsylvania 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 12.0000°/o 9~)36 per diem), together with other charges and costs including escrow advances incidental thereto to the ~t~f S, heriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & ItALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) " BALLOON NOTE AP~ 30 MC~ILnA.NANC (Rs~ke) LN# [355082 ~18 L~N 18 PAYA~ ~ ~ AT MA~R~. YOU MUST REPAY ~E ~RE ~WCIPAL ~NCE ~ THE ~AN AND UNPAID I~ ~ DUE. THE UNDER NO O~GATION TO RER~N~ ~E LOAN AT ~T ~ME. YOU Wl~, ~Q~, ~ ~1~ TO MAKE PAYM~ O~ OF O~ ASS~S ~AT YOU MAY O~, OR YOU ~ HAVE TO FIND A ~NDER, ~ICH MAY BE THE ~DER Y~ HAVE ~ LOAN ~, ~G ~ ~D Y~ ~E M~. IF YOU REFINAN~ [~N AT MA~R~, y~ MAY ~AVE ~ PAY ~ME OR A~ OF ~E C~ING N~y ~OC~D ~ A N~ ~AN ~ JF Y~ O~AIN ~R~NClNG FROM ~ SAME ~D~. July 27. 1999 139 North Bedford Street,Carlisle. PA 17013 I~ ~'mra for a Im ~ I b~ m~iv~d. Z pr~e to ~y U.S. $ 5B.4BD.BD 2.~ 3. PA~S ~) ~t ~ M~y ~ m ~ a diff~ pl~ if qi~ ~ ~c Nme Hol~. EXH 18iT "A" · LOAN ClfARGES 7. G~G OFN~C~ N~ ~ a~of ~ di~ ~ 8. OBLIGATIONS OFFEB~ONS UNDER THiS NOTE If rare tinm o~ pc~ signs this Note, e~ch parson is fully ~d pem~ally obligated to k~p all of the promi~ nmtc in this Note. includin{ thc promise to pay the full amount owM. Any lme~m who is a ~tsrantor, sure~y or e~dmse~ of this Note is ,,~m ebl~...,,.a to do the~ ,'ni.? A~J Mu'moa who te~s ~ thc~ obli~lim. I, l~.tmlSiu~ t{~ oblig~kms of a {uarantor. suxePy or endgnser of this Note, is also obli~mt to keep ~ll of the inumises made in this Note. The Note Ho[de~ uny cnfo~cc its ~'igins urn{er this Nec a~-tmt each pentm imiivlduolly or a~nst -ti of u~ to~. This 9, WAIVERS 1 and any other pe~on who bas obflptinns under this Note valve the ~ins of p~csmunmt and nmi~ of di~. "Prasentmo~" r~--. the ~t~t to ~quirc thg Nme Hold~ m dctnami payment of mmun~ due. "N~ise of dishonor" 10. ~ SECURED NOTE the Note Holder under this Note, a Mo.p{e, Deed of Trim or Security Deed (u'~ ' Security Insmmxmt"), dated tuc same date as this Note, protects the Note Hold~ from po~ible losses ~ might result If I do not keep the In~umisas which I .Transl.' of tl~ Propes~ or a Beslet~laJ Inter~t in Borrov, er. If ail or any part of ~hc I~ or a~y intc~-t i~ it is told m transfc, m~ (o~ if a '~m~z ~ s~ interest in Bo~mwer is sold or ~taasfe~ an~ Borrower b not a natural penon) without Lender's pr'~or writte~ cmtsent. Lender may, at its option, require immediate by [zader if exen:ise is prohibit~l by federal law as of the da~ of this Secudly Inst~tmcnt. If Lendm' exetclses this option, Lende~ si~ll stye Ronow~- not~ce of nccete~tion. The notice shall provide a pe~od of n~ less than 30 days from the da~e the notice is delive~l o~ mailed within which Borrower must Imy all sums secured by tttls Securtty lustmmmt, If Bom~ fails to p~ these s~.n~s ~ to the explxatlon of this period, Lendm' nay invoke any m~edies pe~nllt~t by this Secu~. ty lnslmmcnt without further notre or dems~ on Bomewer. WITNESS THE HAND(S) AND SEAL(S) OFTHE UNDERSIGNED. '-' Tamn~y Lewel l ~,.m~ ( (Seal) VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 23 2001 Leon P. Haller, Esquire SHERIFF'S RETURN CASE NO: 2001-04983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS LEWELLEN TAMMY 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 LEWELLEN TA~4MY the DEFENDANT , at 2025:00 HOURS, on the 28th day of August at 139 NORTH BEDFORD STREET , 2001 CARLISLE, PA 17013 TAMMY LEWELLEN 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 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /3 ~ day of ~ , ~.7..0~] A.D. ~r~th6notary , r · So Answers: R. Thomas Kline 08/2~/2001 PURCELL KRUG & HALLER BIZ: ~ D~ ~Y~q.z~L~. eputy Sheriff SHERIFF'S RETURN CASE NO: 2001-04983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS LEWELLEN TAMMY 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 MCDILDA NANCY A the DEFENDANT , at 2025:00 HOURS, on the 28th day of August , 2001 at 139 NORTH BEDFORD STREET CARLISLE, PA 17013 TAMMY LEWELLEN 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. Additional Comments NO OCCUPANTS OTHER THAN LEWELLENAND MCDILDA Sheriff.s Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of A.D. P~othonotary ' z / So Answers: R. Thomas Kline 08/29/2001 PURCELL KRUG & HALLER Deputy Sheriff ~ BANKONE, TRUSTEE, NATIONAL ASSOCIATION : PI~INTIFF : VS. TAMMY LEWELLEN AND NANCY A. MCDILDA, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-04983 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Please settle and discontinue the above matter without prejudice. PURCELL, KRUG & HALLER BY:~ ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 19. 2002