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Home My WebLink About01-5517HOMESIDE LENDING, INC. VS. Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NORMA J. REEVES ACTION OF MORTGAGE FORECLOSURE Defendant x 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 lhe 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 BARASSOCIATION 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 t~ARTICIPACION. 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 HOMESIDE LENDiNG, INC., Plaintiff VS. NORMA J. REEVES, 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 HOMESIDE LEND1NG, INC., Plaintiff VS. NORMA J. REEVES, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURF~ 1. Plaintiffis HOMESIDE LENDiNG, INC., a corporation whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, NORMA J. REEVES, is an adult individual whose last known address is 338 LINCOLN STREET, CARLISLE, PENNSYLVANIA 17013. On or about, December 13, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $92,850.00 payable to AMERICA'S MORTGAGE SOURCE, LLC, 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 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMES1DE LENDING, INC and recorded in the within County and Commonwealth. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 338 LINCOLN STREET, 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 April 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $20.47 per day From 03/01/2001 To 10/01/2001 ( based on contract rate of 8.5000%) Accumulated Late Charges Late Charges $36.52 From 04/01/2001 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $87,910.06 $4,380.58 $288.33 $219.12 $587.98 $4,395.50 $97,781.57 **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 of a third party pumhaser 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 her 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 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 8.5000% ($20.47 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sate 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) Hs124349 (1696x2800x2 tiff) [3] .ADJ'USTABLE RATE NOTE IJllllll Hs124349 (1696x2800x2 tiff) [4] Hs124349 (1696x2800x2 tiff) [5] Hs124349 (1696x2800x2 tiff) [8] 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 NOMESIDE LENDING, INC. said facts Contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 19, 2001 Leon P. Haller, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2001-05517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS REEVES NORMA J JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REEVES NORMA J the DEFENDANT , at 0840:00 HOURS, at 338 LINCOLN STREET CARLISLE, PA 17013 NORMA REEVES on the 1st day of October , 2001 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 ~ day of ~ t~_~ ~l A.D. / IProthonotary So Answers: R. Thomas Kline 10/02/2001 PURCELL KRUG & HALLER By: /e--put~ '~Sheri f f HOMESIDE LENDING, VS. NORMA J. REEVES INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTIN - LAW : : NO. 2001-05517 De~ndant :INMORTGAGEFORECLOSURE S__UGGESTION OF BANKRUPTC¥ PLEASE TAKE NOTICE that the above captioned Defendant, Norma J. Reeves filed a Chapter 13 Voluntary Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-01-05572, on October 16, 2001. Pursuant to Section 362 of the Bankruptcy Code, all proceedings in this case are to be stayed. PURCELL,.K~& HAJ~,ER Leon p. Haller~---_-_-_-__~squire - 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: September 14, 2004 C_ERTIFICATE 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: Norma Jean Reeves 338 Lincoln Street Carlisle, PA 17013 Charles j. DeHart, III, Post Office Box 410 Hummelstown, PA 17036 Esquire Dorothy L. Mott, Esquire 125 State Street Harrisburg, PA 17101 Dated: September 14, 2004 HOMESIDE LENDING, VS. NORMA J. REEVES INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : CIVIL ACTIN - LAW : : NO. 2001-0!5517 De~ndant : IN MORTGAGE FORECLOSURE ~TATEMENT OF INTENTION TO PROCm~n TO THE PROTHONOTARY: Plaintiff intends to proceed in the above captioned action. However, the case was stayed by Bankruptcy as evidenced by the Suggestion of Bankruptcy heretofore filed. Dated: September 14, 2004 PURCELL, KRUG & HALLER Leon P.~ller 1719 No~-~h~Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff