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Home My WebLink About02-3625ALLIANCE MORTGAGE COMPANY Plaintiff VS. SUSAN M WHITCOMB AND MICHAEL N WHITCOMB Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 04- 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. N_~O TI C E · . You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action w~thm twen.~ (20). days after the Complaint and n?~c~, are served, b.y entering a written appearance personally or by attorney and filing in writing w~th the court your defenses or objections to the claims set forth against you. You are warned that :" o., · 'nyou Iau 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 fights Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT HAVE A LAWYER OR 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 ESCR/TA, 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 tMMEDIATEAMENTE. 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 ALLIANCE MORTGAGE COMPANY, Plaintiff VS. SUSAN M WHITCOMB AND MICHAEL N WHITCOMB, 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 ALLIANCE MORTGAE COMPANY Plaintiff VS. SUSAN M WHITCOMB AND MICHAEL N WHITCOMB, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 6:5),2 - ,~ aT. ~" : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, ALLIANCE MORTGAGE COMPANY, is a Corporation with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, SUSAN M WHITCOMB, is a adult individual, whose last known address is 32 MAYBERRY LANE, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MICHAEL N WHITCOMB, is an adult individual, whose last known address is 32 MAYBERRY LANE MECHANICSBURG, pENNSYLVANIA 17055. On or about, December 21, 1990, the said Defendants, executed and delivered a Mortgage Note in the sum of $113,850.00 payable to ALLIANCE MORTGAGE COMPANY. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 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 Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 32 MAYBERRY LANE, MECHANICSBURG, PENNSYLVANIA 17055. 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 April 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $26.99 per day From 03/01/2002 To 08/01/2002 ( based on contract rate of 9.750%) Accumulated Late Charges Late Charges $48.91 From 04/01/2002 to 08/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $101,052.40 $4,966.15 $195.64 $293.45 $823.60 $5,052.62 $112,383.86 **Together with interest at the per diem rate noted above after August 01, 2002 and other charges and costs to date of SherifFs 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 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. The within Mortgage is insured by the Federal Housing Administration under Title I! 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 9.750% ($26.99 per diem), together with other charges and costs including escrow advances incidental thereto to the date~ s Sale and for foreclosure and sale of the property within described. By: - //'~// PURCELL, KRUG ~I~IALLER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) COMPANY NAME: 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. Dateda.~ 26, 2002 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., c/o Alliance Mortgage Company 8120 Nations Way Jacksonville, FL 32256 Plaintiff Vs. SUSAN M WHITCOMB AND MICHAEL N WHITCOMB, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO, PENNSYLVANIA : : · No. 02-3625 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF MORTGAGE ELECTRONIC REGISTRAION SYSTEMS INC. .PURSUANT TO RULE 2352 (a) 1. Mortgage Electronic Registration Systems, Inc., is the last assignee of record and wishes to substitute itself for Plaintiff. 2. Material facts in which the right if succession and substitution is based are as follows: (a) On December 24, 1990 Avstar Mortgage Corporation assigned all of its right, title and interest to NCNB Mortgage Corporation in Mortgage Book 391, Page 1028· (Please see Exhibit "A") (b) On August 21, 2000 NCNB Mortgage Corporation assigned all of its right, title and interest to Mortgage Electronic Registration Systems, Inc. as Nominee for Alliance Mortgage Company in Mortgage Book 652, Page 890· (Please see Exhibit "B") 3. Mortgage Electronic Registration Systems, Inc~tarily substitute itself as Plaintiff herein. Leort/P. Hailer, Esquire ID#15700 Date: August 12, 2002 Attorney for Plaintiff ~. King of Pru~ia. Pearls Ivania s~vanta~ ~,th i~ principal oaceat 2~1 w~ k~n'~ganiz~' Y 19406-0955, :or ana ~n ~nslderation of th~ .... ~ X_ .... aam r~se, So lc DC '~;i~ Stat. of Americ., and other,o, an~ v.l~ble ~nside.~on, ,o it in hand .id by .... ~ ~ne Dollar, ~wful money a CO~oralion o~nizcd ~d ~xistins under the ~ of THE STATE OF NORTH CAROLINA with its pgnci~ office at lO~ NORTH T~0N STREET 1 INDEPENDENCE CT~ CHARLOTTE~ N0~T~ CAROL~NA 28255 h~naftcr ~fc~d to ~ ASSIGNEE. it or bero~ thc eme~i~ and deJiv~ or th~ P~n~. hereby a~nowled~d. ~s g~nted, ba~n~, sold. m~cd. t~nsfe~ and ~t over. ~d by ~ p~ County o~ tga~ covenng p~mzs~ atuate m ~e TOWNSBIP ~s, gl that ~ CUHBEELAND , and State of PENNSYLVANIA of SILVER SPRING BEING known ~: ~ MA~BERR~ LANE~ HEC~ANZC~BUEG~ PENNsYLvANiA 1~055 datcd DECEMBER 21 ,1990 , and to be ~cd immediately pgor to the re~ordin[ ~isnmcnt. ~d cxe~t~ by ~N. ~ ~ ~E M. ~ S113,850.00. ' ' a'~O~:t~'dAVSTARMOR~OAGECORm~ ' ' · .~ , - ...... o,e~ . · - .~.~ %' ~G~ER ~ '~e heredi~ments ~d ~ ' · ~.~7 ~nted, or menUoned and lntend~ ~ to ~ ~-~ and ~ ~id .lndmtu~ of Mo~ ..... 1 .~ ~ong~ menUoned and th---~.. :-- ~'L--'.wtm me appu~en~, and ~e b*-a LT~i, rT."~m~Y e~n~ ~d ~,~ TO H~VE and ~o hold ~e s~e ~to ' ( ~ benefit and beh~f forever, ~bte~ __~}~d ASSIGN~ and its succe~rs ~d Ugen* , · ,-.~ a~s Ot ~ld MORTGAGOR the~ :? · , ~ ~ · AND IT, the said AVSTAR MORTGAGE CORPORATION dons he'by ~venanL promise and a r ' the ~id ASSIGNEE that the~ b now due and owln u on ' ' ~ to a ' herema~ve s~,ficd as the pnnc,pal sum due there~n ~it~t~t~n~t ~bl~gatl~ and Mo~ga~ t~ sum o~n~l~ IN W~NESS WIIEREOF, the ~id AVSTAR MORTGAGE CORPO ' AVID C. ~ALBRANDT, ~I~AN~ VICE ~ATE OF PENNSYLV~IA ~-r~om,~neTho~n - ua ol ~' u~UEMBER.~ , m: of the State of ~ ........ ~.Nme Hundr~ and and NZN~TI ';.,~ ...... (;"~ "q'~ ~'"~ ~ ~ ,.;~ tn the Y~r o~ t~at thc signature o~ the afor~id ;. ;- ~:- - nd ~ and th- --- --~ ~ ...... y o oi said Coroo~llo- --a .~-... ~ '" "]~ ~wn proof bandwrign - that - =~, ~.u u~ oi~d Cor~ratlon; W~.:- ~; . . =,,~ .u~t ms act Gl signing, ~ ina ex-----'g' ;the ~ ~ ~ the COmmon or ~r o ....... ~voi~a MORTGAGE CO'OPTION. · Recerding Requastad Ry / Return To: Paslle M~asgement Cerp~ratlon P.O. Box 1710, Campbell, CA 95009.1710 A~ssit~rirnent of Mortgag~ Poi' Good and Valuable Conakleredon, the s~ciascy of ~kh ic h~y a~ow~g~, ~e und~Jgned, BA MOflT~GE ~C k a ~ ~ com~ny o~n~ und~ ~gage, togeth~ w~ the ~n n~tals] dei-~:~ --g '. --~ MORTGAGE ELE~R~IC REGIS~A~ON SY~ INC., a D~aw~ as nomin~ fer Al~nce ~gage ~m~ ~s su~so ' ~.9: BOX 2026, F~t, ~ ~01.2026y' ~ and ~s~gns, .Original ~9ag~-: A~AR MORTGAGE C~RPO~o~WHITCOMB IN WITNESS WHEREOF, the undwsigned co oration has caused by its proper oft"ruer who was duN. e -,;--~,, ....... th~ instrument to be executed ., uth ...... y o ,~omtlon of ~ts board of db'ecto~. nD~Ated: August I, 2000 Vice President On 08/TO/2OOO, before me, the und~igned a Nora Public .appeared Oebble Gol~ano Derao Ik, ~., ' ry for saw County and State ' r ~--, ~.own to me to be t Pmsonafly matrumeN, and ackn n,,a tk., ,~.- ~ ~.. he person that executed th ~m~.;.. 8A MORTGAGE u~'°Wled'' ..... ,= ~s vice ~ment of e ._......,. its. ~ of d;rasto~ and that such exec-,:-- ...-P-~ ~ .a r~;. o/utlon of Pre edb' · *' ~ c'"- a,x'",,-';'~"ff-- -- l stPl~ ,~;~E~..N.;~_a~.'.0.~,. Peelle Managefrlenf Corn P O Box 17' ^~"~' =,~,,,. ~../.yu=.,~,~. z_N~ L/~: 989816 investor #, 1~'~,~*.~.~,~ ~ u, .~,amp~q, C.A 9500g"'"'~T ..... , a,~,:TJnaJ n .a~...7~ 90733 1 081000 FNM )nv 2 ~'7'~{%* ...... 20079 "' MINIK :100011Sq)OOO$ROROOq~ MERSr ~Te~U~?1.8armsr ~.~7892.6377 600K 652_ PAGE 890 MORTGAGE ELECTRONIC : REGISTRATION SYSTEMS, INC., : c/o Alliance Mortgage Company : 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. SUSAN M. WHITCOMB AND MICHAEL N. WHITCOMB, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3625 Civil IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Please Settle and Discontinue the above matter without prejudice. PURCELL, KRUG & HALLER Leon P. Haller ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: Auqust 29, 2002 SHERIFF'S RETURN CASE NO: 2002-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIANCE MORTGAGE COMPANY VS WHITCOMB SUSAN M ET AL - REGULAR BRIAN BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon WHITCOMB SUSAN M Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1600:00 HOURS, at 32 MAYBERRY LANE MECHANICSBURG, PA 17055 SUSAN WHITCOMB on the 31st day of July , 2002 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 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ day of {~ ~j3~.- A.D. ' 'Prothonotary So Answers: R. Thomas Kline 08/05/2002 PURCELL KRUG HALLER Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIANCE MORTGAGE COMPANY VS WHITCOMB SUSAN M ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon WHITCOMB MICH3kEL N the law, DEFENDANT , at 1600:00 HOURS, on the 31st day of July at 32 MAYBERRY LANE 2002 MECHANICSBURG, PA 17055 by handing to SUSAN WHITCOMB, WIFE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2~ day of ~.~ ~o~j~ A.D. Prothonotary So Answers: R. Thomas Kline 08/05/2002 PURCELL KRUG HALLERBy: ~ ~, ,/~/~p Deputy Sheriff