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Home My WebLink About02-3128MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. RICHARD ROLLINGS AJI</A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF 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 TItle. PURPOSE OF COLLECTING ~ DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set foah 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 ~laim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights umportant 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 SERV1DO 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, DECK)IR 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. C~ERLAND 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. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant 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 fi:om 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 fi:om 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. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS 4085 Darius Drive Enola, PA 17025 Defendant : 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 an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, is an adult individual whose last known address is 4085 DARIUS DRIVE, ENOLA, PENNSYLVANIA 17025. On or about, September 25, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $123,400.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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 in Mortgage Book 1641, Page 1 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was recorded in the aforesaid County in Mortgage Book 655, Page 832. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage and Assignment are attached hereto and marked as Exhibit 5. The land subject to the Mortgage is: 4085 DARIUS DRIVE, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "C" 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 November 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $27.66 per day From 10/01/2001 To 07/01/2002 ( based on contract rate of 8.2500%) Accumulated Late Charges Late Charges $46.35 From 11/01/2001 to 07/01/2002 $122,375.70 $7,551.18 $278.10 $370.80 Attorney's Fee at 5% of Principal Balance TOTAL $6,118.79 $136,694.57 **Together with interest at the per diem rate noted above after July 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. 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. Plaintiff has 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 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 8.2500% ($27.66 per diem), together with other charges and costs including escrow advances incidental thereto to the~ate of Sheriff's Sale and for foreclosure and sale of the property within described, c. ~_~/~~fJ By: ,,./,,.-"' ~ ~ PI,~R'CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs175158.ti~ (1696x2800x2 tiff) [3] · . ,idgmdm,.._pemmmmuymm~dllmmp6ddddm~ bfamut~wo__~..,dT.. Wtmlpel~intm~tsmmyoudfeilp Hs175158.ti~ (1696x2800x2 ti~) [4] _ (~) IS~n O,~t Ont~l Hs175158.tit (1696x2800x2 ti~) [7] Hs175158.tit (1696x2800x2 ti~t) [8] Hs175158.tit (1696x2800x2 titt) [9] Hs±75158.ti~ (1696x2800x2 tit~} [10] Hs175158.tit (1696x2800x2 t±~) [11] ' Q~C~M~'}O:~"~M 0 KTGAG E/DEED OF TRUST ~ YJ~..U~ RI~.J~D~ ~A~I~/AY FUIdOiNCI I~IRWFIID MC~RTClAG Ii ~, i~,, IQ OA'/~WAY I~1JNOO~ OItd~lFII O ~IQIWGAGIE IWIYIG:Ei, LP. k~* //~ l ""~" I PRINT ~I. 27. Hsi75158.ti~ {1696x2800x2 ti~; [16] COMPANY NAME: Mortgage Electronic Registration Systems, c/o Homeside Lending, Inc. VERIFICATION Il'lC. 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 6/27/02 Title Tmcydohnson Vice Expires 9/5/02 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN BELCO COMMUNITY CREDIT UNION 3. DEFENDANT/S/ ANTHONY C. METALLO SERVE /' 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~I'ACHED. OR SOLD· ANTHONY C. METALLO 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP., STATE AND ZIP CODE) AT 208 RENO STREET, NEW CUMBERLAND, PA 17070 7 INDICATE SERVICE: J PERSONAL ~ PERSON IN CHARGE L3 DEPUTIZE J CERT· MAIL t_t 1ST CLASS MAIL 13 POSTED LIOTHER NOW ,20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputizatlon uui.s m,*du at me request and risk of the plaintiff. SHERIFF OF YORK COUNTY * COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 INI~f~i~CTIONS PLEASE TYPE ONLY LINE ~ THRU ~2 ~ NOT D~ACH ANY ~PI~ 2. COURTNUMBE~~ ~O U~--~/~ I~nn~ ~fl ~I~R nR PERSONAL PROPERTY-LE~ 8. SPECIAL iNSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST ~N EXPEDITING SERVICE: C) C~ 0 Set sale 25 days fr~ date of le~ ~5~: ~ ~ NOTE: ONLY APPLICABLE ON WR T OF EXECUTION: N.B. WAIVER OF WATCHMAN- Any deputy ,herifflevying upo~ or attaching any prop~ ~er wi~ wdt ~:~ve same 9 ~PEN~EandADDRESSofA~ORNEY/ORIGINATORandSIGNATURE ~ ~_~ Im TELEPHON~UMS~ I~;~¢TEF~ED 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). ARTHUR M. F~LD, 1309 BRZDGE S?~EE?, NE~ CTj~BERLA~D, PA 17070 SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 14. DATE RECEIVED 15 Expire/ioe/Hearing Date or complaint as indicated above. S Bicke 1 6/20/02 9/5/02 13 I acknowledge receipt of the wdt 16 HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. Q I hereby certif~ and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18 NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20. ~me of Service I I I I 22. REMARKS: Defe~d~t not four~d Jrt 'fork County. Defe~dant's address: 208 Reno Sbreet, New C~berland, PA, is in Cumberland County. dance 24. Service Costs 26 Mileage 42 dayof ~'~/'~'~ ,20--4 Notarial Seal .lames V. Vangreen. NotaFy Publlo City of York, York County, PA My Commission Expires Mar. 21, 2005 29. Pound 30. Notary 31. Surchg 32 Tot Costs ,~¢~(~¢,~Refund CheckNo. 18.00 2.00 20.00 180.00 154183 37. Notary Cert I 38 Mileage/Posted/Not Found [ 39 Total Costs I 40. Costs Due or Refund SO ANSWERS 44 Signature of -- 45. DATE · Sheriff 46. SignatureofYork 47. DATE County Shedff 7/18/02 48 Signature of Foreign 49. DATE County Shehff 50 I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND T~Tt E 51 DATE RECEIVED 1 WR~TE - Issuing Autbedty 2 PINK - Attorney 3 CANARY Sheriffs Office 4. BLUE - Shedffs Office 6/25/02 - DEFENDANT NOT FOUND IN YORK COUNTY. DEFENDANT'S ADDRESS: 208 RENO STREET, NEW CUMBERLAND, pENNSYLVANIA, IS IN CUMBERLAND COUNTY. SHERIFF'S COSTS $20.00 (PAID) J~3LY 18, 2002 WILLIAM M. HOSE, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COLTNTY OF CUMBERLAND) TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From ANTHONY C. METALLO, 208 RENO ST., NEW CUMBERLAND, PA 17070 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT'S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: NO 02-2784 Civil CIVIL ACTION - LAW and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession &anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,102.03 Interest FROM 4/30/02 Atty's Comm % Atty Paid $31.75 Plaintiff Paid Date: JUNE 7, 2002 REQUESTING PARTY: Name ARTHUR M. FELD, ESQ. Address: 1309 BRIDGE ST. NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-029~ Supreme Court ID No. 07172 L.L. $.50 VOrL. Co. ¢~o~ Due Prothy $1.00 Other Costs Plus Sheriff's Costs for Execution. CURTIS R. LONG Prothonotary, Civil Division By: TRDE COPY PROM RC-'CORD Tosmno~¥ whereof, I Im*'o unto se~ my hand ~rm t~ ss~ o~ ~ r~,. at Cadi4m, - SHERIFF'S RETURN - REGULAR CASE NO: 2002-03128 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ROLLINGS RICHARD ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROLLONGS RICHARD AKA RICHARD W ROLLINGSthe DEFENDANT at 4085 DARIUS , at 1417:00 HOURS, on the 10th day of July DRIVE 2002 ENOLA, PA 17025 RICHARD ROLLINGS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~. day of _ ~/~. ~,..~ ~.2_~ A.D. So Answers: Thomas Kline 07/11/2002 PURCELL KRUG HALLER pty Sheri / MORTGAGE ELECTRONIC REGIS- TRATION SYSTEMS, INC., c/o Homeside Lending, Inc. 8120 Nations Way, Bldg. 100 Jacksonville, FL 32256 Plaintiff VS. RICHARD ROLLINGS A/K/A RICHARD W. ROLLINGS, 4085 Darius Drive, Enola,PA 17026 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3128 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 By: ~ 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