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Home My WebLink About02-3167BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff vs. SHEILA M. GROSS Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~t~.O;. 3/~ 7 CIVILACTION-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 TH ~; PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set foith 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 71%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 CUMI>LA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIBDAD 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. SHEILA M. GROSS Defendant tN 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. SHEILA M. GROSS Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA )Lo.~2.31t, 7 CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANKONE, NATIONAL ASSOCIATION, TRUSTEE, a national association acting through its servicing agent of Homecomings Financial Network, Inc. whose address is 9275 SKY PARK COURT, SUITE 300, SAN DIEGO, CALIFORNIA 92123. 2. Defendant, SHEILA M. GROSS, is an adult individual whose last known address is 57 WATERSIDE DRIVE, CARLISLE, PENNSYLVANIA 17013. On or about, JANUARY 22, 2001, the said Defendant executed and delivered a Mortgage Note in the sum of $61,950.00 payable to HOMECOMINGS FINANCIAL NETWORK, INC., 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 1665, Page 366 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Bankone, National Association, Trustee and was sent for recording. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 57 WATERSIDE DRIVE, 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 March 01, 2002 and all subsequent installments thereon, and the following mounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.75 per day From 02/01/2002 To 08/01/2002 ( based on contract rate of 11.6200%) $61,150.22 $3,574.75 Late Charges $30.97 From 03/01/2002 to 08/01/2002 $154.85 Attorney's Fee at 5% of Principal Balance TOTAL $3,057.51 $67,937.33 **Together with interest at the per dic~n rate noted above after August 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 her 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 limitation as set forth therein or has been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WItEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 11.6200% ($19.75 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sherif~ale and for foreclosure and sale of the property within described. By: PURCELL, KRU &C~L/~ Leon P. Hailer, Esqmre Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Image Print Page 1 of 3 https://imaging, laomeeomings.eom/imageview/PrintImages.asp?DoeumentID=9279011 &Page... 6/19/02 Page 2 of 3 https://irnaging.h~me~~mings.c~m/imageview/Print~mages.as~?D~~ument~D=9279~~~&Page... 6/19/02 Page 3 of 3 https://ima~mg.h~mec~mings.~m/imageview/Print~mages.asp?D~ument~D=9279~&Page... 6/19/02 Page 33 of 34 LEGAL DESCRIPTION ALL THAT CERTAIN three tracts af land situate in Lower Frankfo~ Township, Cumberland County, Pennsylvania, bounded and descri~eed as follows: TRACT NO. I BEGINNING at an iron pin and stake at the corner of land of Paul R Young and Russell L Mackay, el al; Ihence along lhe line of lend of Paul R, Young. crossing a ~3rrvate mad and through an iron Pin on the southern s~de thereof. S~uth 44 degrees 30 minules West 200 feet to an iron pin; thence by the same land and the same ~ourse, 35 leaf, mom or less. !o the Iow water line of the CenOdogumel Creek; thence by the said tow water line, North 75 degrees 39 minutes West, 80 h~et to a point on line of land conveyed or aboul to be c~nveyed lo ANerta M F. ry, Ihence by the latte~ land. North 44 degrees 30 minutes East, 35 feel, m~m ~' less. to an Eon pin; thence by the same land end the same course 211.29 feet, crossing a private mad, to an i~on pin o? Ina line of land of Russell E Mackay, et al; thence by the latter land, South 65 degrees 18 minutes East, 55,14 feet to the Place o~ BEGINNING, said desc~plion being in accordance with a su~ey thereof by Roger St. Germain & Associates, dated Saptenlber 2§, 1961. TRACT NO, 2, BEGINNING al a stake at line hi' other land or K. ,~wartz; thence by said land, South 44 degrees 30 minutes West, a distance of 225 f~t. mom ~ less. to the Iow water mark o1' the Conodogulnei Creek; thence by Ihe same up the creek, Noflh 52 degrees 15 mintJles West. a distance gl 51,5 feetta a point, Ir~ance along lands O! Chester Fry, North 44 degrees 30 tortures Eesl a distance of 23.1 ~etto a Sluice. thence by the same, South 45 degrees 30 minutes East. a distance of 50 I~eet to a stake, the Place o! BEGINNING, CONTAINING 0.27 acres, more or less. TRACT NQ 3: BEGINNING al an iron pin atthe Comer of land o! Clmsler L F~, and wife and Russetl L Mackay, et al; thence along the line of land aforesaid of Chester L Fry and wife~ crossing a ~rivate road. South 44 degrees 30 mln[~tes West 2.11 _29 feel to an iron p~n; Ihence by the same land and the same course. 35 reel. more or tess, to fl3e low water line of £he Co~todoguinel Creek, thence by the said Iow waterline. No,th 75 degrees 39 minutes West 120 feet to the line of land;,ol Brinton F Forn~y eed wife; thence by the latter land. North 44 degrees 3g minutes roast 35 feet. more o~ less, to an iron pin; thence by the same land ann{ fha same coursa~ crossing a pdvate road 234.38 feet to. an ken pin on the line of land gl Russell L. Mackay, et al; thence by the latter land. thnough an iron Pit1 in the center of said line~ South 65 degrees 18 minutes East 110~.8 feet to the Place of BEGINNING; said description being ~ accordance w~th a su~ey thereof by Regent St. Germain & Associates, dated September 26. 196I BEING the same i~emises which Lee E, Grove and Laura Grove. by Deed deled and reCerded even date herewith granted and conveyed unto Shells Gmss~ Motlgago~ I~emln, https://ima~in~.honxecomin~s.com/ima~eview/?dnt][ma$¢s.asp?DocumentZD= i D~037 [ 3&?a~... 6/[9/02 VERIFICATION I, Leon p. Haller, Esquire, hereby Swear and affirm that the facts Contained in the foregoing COMPLAINT in 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: July 01, 2002 Leon p. ~aller, Esquire SHERIFFIS RETURN - REGULAR CASE NO: 2002-03167 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS GROSS SHEILA M RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GROSS SHEII~ M the DEFENDANT , at 1412:00 HOURS, on the at 57 WATERSIDE DRIVE 9th day of July , 2002 CARLISLE, PA 17013 SHEILA M GROSS 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 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of ~-~,~ ~ ~2~ A.D. onotary ~ So Answers: R. Thomas Kline 07/10/2002 PURCELL KRUG HALLER By: BANKONE, NATIONAL ASSOCIATION TRUSTEE, Plaitiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : VS. : : SHEILA M. GROSS, : Defendant : NO. 02-3167 Civil IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Please mark the above matter Settled and Discontinued without prejudice. PURCELL, KRUG & HALLER Leon P. ~ller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 4, 2002