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Home My WebLink About01-5364HOMESIDE LENDING, INC. VS. GERALD T. PHILLIPS, JR. 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 ~vith the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so ~h,~ c~se 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 CUALQUIBR OBJECCION .CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P~-RTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y KEQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PEP, DER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. . ', LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAMEAL"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. GERALD T. PHILLIPS, JR., Defendant 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 HOMES1DE LENDiNG, INC., Plaintiff VS. GERALD T. PHILLIPS, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE ;%.t>/- s-'~c~, ~_.o.;.z 7-,o.-. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis HOMESIDE LENDING, INC., a corporation, whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. , 2. Defendant, GERALD T. PHILLIPS, JR., is an adult individual whose last known address is 3810 GOLFVIEW DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. On or about, May 23, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $76,900.00 payable to BARNETT 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, 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 Cotmty and Commonwealth in Mortgage Book 1384, Page 326 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, iNC. and was recorded in the aforesaid County in Book 577, Page 1098. 5. The land subject to the Mortgage is: 3810 GOLFViEW DRIVE, MECHANiCSBURG, PENNSYLVANIA 17055 and is more particularly described in E ' '"" xh~blt 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 May 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $73,802.44 Interest at $18.19 per day From 04/01/2001 To 10/01/2001 ( based on contract rate of 9.0000%) $3,328.77 Accumulated Late Charges $112.20 Late Charges $28.05 From 05/01/2001 to 10/01/2001 $140.25 Escrow Deficit $692.40 Attomey'sFeeat5% of PrincipalBalance TOTAL $3,690.12 $81,766.18 **Together with interest at the per diem rate noted above after October 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 judgment 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 him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administraction 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 9.0000% ($18.19 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sherifl~s Sale and for foreclosure and sale of the property within described. By: Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs122873 (1696x2800x2 tiff} NOTE Hs122873 (1696x2800x2 tiff) [4] Hs122873 (1696x2800x2 tiff) Hs122873 (1696x2800x2 tiff) [6] Hs122873 (1696x2800x2 tiff) [g] 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 HOMESIDE LENDING, subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. information provided by Plaintiff INC. said facts Contained herein are made Section 4904 relating to Date: September 12, 2001 Leon P. Haller, Esquire HOMESIDE LENDING, VS. GERALD T. INC. PLAINTIFF PHILLIPS, JR. DEFENDANT IN THE COURT OF COMMON PLEAS NO. 01-5364 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER Leone'. Haller Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: November 12, 2001