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Home My WebLink About95-03682 . . HARRIS SAVINGS BANK Plaintiff IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION - LAW NO. 95- :J t, 8' z- CIVIL TERM LEROY H. RUFF AND PAULETTE M. RUFF, his wife Defendants IN MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the clairrB set forth in the following pages, you IlUSt take action within twenty (20) days after this oatplaint and notice are S&VOO, by entering a written appearance personally or by an attomey and filing in writing with the court }'OUr defenses or objec- tions to the clairrB set forth against you. You are warned that if you fail to do so the case rmy proceed without you and a jui!Jlellt nay be entered against you by the court without further notice for any IlDIleY clained in the oatplaint or for any other claim or relief requested by the plaintiff. You nay lose IlDIleY or property or other rights inportant to you. YW SIWlD TAKE 'rnIS PAPER TO YaIR LAWYER AT CH:E. IF YW DO tvr HAVE A LAWYER OR CAtH1l' AFFURD OOE, 00 TO OR 'lmEPIDIE 'lllE OFFICE SET FOR'm EIEIOf TO FIND cur WHERE YOU CAN <El' LElGAL HELP. COURT ADMINISTRATOR CUMBERLAND CO. COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE PA 17013-3387 (717) 240-6200 ~., , . , HARRIS SAVINGS BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - LAW vs. LEROY H. RUFF and PAULETTE M. RUFF, his wife, No.:9:r.J~r.2.- Civil1995 Defendants. IN MORTGAGE FORECLOSURE COMPLAINT 1. The Plaintiff is HARRIS SAVINGS BANK, which formerly was Harris Savings Association and formerly thereto The Harris Savings Association, a corporation organized and existing under the laws of the State of Pennsylvania and having its principal place of business at Second and pine Streets, Harrisburg, Pennsylvania, 17101. 2. The Defendants are LEROY H. RUFF, an adult individual, residing at 35 Old Stonehouse Road, Carlisle, Pennsylvania, 17013; and PAULETTE M. RUFF, his wife, residing at 35 Old Stonehouse Road, Carlisle, Pennsylvania, 17055. 3. This is an attempt to collect a debt, and any information obtained will be used for that purpose. 4. Defendants, on August 11, 1988, entered into a mortgage loan indenture with Harris Savings Bank, formerly The Harris Savings Association, and formerly Harris Savings Association, in the principal amount of FIFTY SEVEN THOUSAND SIX HUNDRED AND 00/100 ($57,600.00), DOLLARS, the terms of which loan are more specifically evidenced and set forth in the mortgage indenture . dated August 11, 1988 and recorded on August 15, 1988, in the Cumberland County Recorder's Office in Mortgage Book 913, Page 662, a copy of which is attached hereto, marked Exhibit "A", and made a part hereof by reference, which mortgage contains and is a lien upon the property situate at 35 Old Stonehouse Road, Township of Silver Springs, Cumberland County, Carlisle, Pennsylvania, 17013, being improved upon with a dwelling. 5. Said loan was further evidenced and secured by a Note which accompanied said Mortgage dated August 11, 1988, a copy of which is attached hereto, marked Exhibit "B", and made a part hereof by reference. 6. Harris Savings Bank, in consideration of the said Mortgage and accompanying Note, advanced to Leroy H. Ruff and Paulette M. Ruff, the sum of FIFTY SEVEN THOUSAND SIX HUNDRED DOLLARS and 00/100 ($57,600.00). 7. The premises subject to specifically set forth in Exhibit "A", part hereof by reference. 8. Leroy H. Ruff and Paulette M. Ruff are the sole owners of the said premises contained in said Mortgage. 9. Said Mortgage and Note have not been assigned in whole or in part by the Plaintiff herein. 10. Leroy H. Ruff and Paulette M. Ruff are the record owners in fee simple of said premises by virtue of a Deed dated 13. June, 1988 and recorded in the Cumberland County Recorder's Office in Book M-33 ,Page 1125 said Mortgage is more attached hereto and made a ... 11. No judgment has previously been entered on said Mortgage or Note in any jurisdiction, and said instruments are less than twenty (20) years old. 12. The said Mortgage is in default because Defendants herein have failed to pay the monthly payments of $509.72 for the month of December, 1994 and payments of $521.00 that was due and owing for the months of January, February, March and April, 1995. 13. The Plaintiff has given to the Defendants written notice of intention to foreclose on said Mortgage as required by law under Act 6, dated March 3, 1995, copies of which are marked Exhibit "C" and "0" and attached hereto and made a part hereof by reference. 14. The entire principal amount of FIFTY THREE THOUSAND EIGHT HUNDRED FIFTY FOUR DOLLARS and 54/100 ($53,854.54) has become due and payable, together with interest at the current rate of 7.875\ per annum, reasonable legal fees for collection of said sum in accordance with the terms of said Mortgage less such sums as have been paid on account of principal of the said mortgage and costs. 15. The Plaintiff believes and therefore avers that reasonable legal fees for collection is $ 2.692.73 16. The Defendants are liable to the Plaintiff for interest at the current rate of 7.875\ per annum until paid and expenses as provided in and collectible under the mortgage documents that will accrue until distribution by the Sheriff of Cumberland County, Pennsylvania, to be computed at the time of judgment in these proceedings in addition to the current loan balance. 17. The Defendants are liable to the Plaintiff for the following on said mortgage loan: "'''C. .,_,~","",~, 4. '. . A. Principal amount and interest due through 4/30/95: $ 55,963.28 B. Interest at the rate of 7.875%% from 4/30/95 to 01/06/96: $ 2,952.00 $ 321. 57 C. D. Late Charges: Attorney's Collection Fee S 2.798.17 TOTAL: $ 62,035.02 18. The Plaintiff believes and avers that neither of the Defendants are members of the armed forces or are in the military service of the united States of America. WHEREFORE, the Plaintiff prays the Court to enter Judgment against the Defendants, LEROY H. RUFF and PAULETTE M. RUFF, of Mortgage Foreclosure and sale of the mortgaged property, with damages in the amount of S62.035.02, together with additional interest thereon, costs and all other amounts advanced by Plaintiff. DATE"' ~l"~ \;, , 1995 .JA:~^~DIRE 100 York Road New Cumberland, PA 17070 (717) 774-3163 Attorney I. D. No.: 09729 Attorney for Plaintiff " COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ LLIJK...vv-- ) ) ) SS: PERSONALLY APPEARED before me, the undersigned officer, a Notary Public in and for said County and State, Ronald G. Kishbaugh, who being duly sworn according to law, deposes and says that he is the Assistant Secretary/Operations Manager of Harris Savings Bank and that he as such officer is authorized to make this Affidavit on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. u.. RONALD G. KISHBAUGH (SEAL) SI'{,Qrnjnd subscrib~ to before ~,~_ day of ~_ tJ ____ )h~ tl. ntLU.L.. ~O:&RY PUBLIC My Commission Expires: me this , 1995, Nor.ln." 50.11 Lisa A Marsh NOfary PUblIC M Harr.sburg. DauphIn Gount y Commission Ellplras July 2SY 1998 ~'~~a~ ,I -'. u i' ~p -, I '" N \.. "" , ~~ I I ....... ~ ! 'I-> ,-- ~ C~ ('..I ,- .... U. "';oJ ...... 'V.I "" Ul C ....r::--- ~ U1 <Tl J\, G C"_ :c- '" :c: , ...::, - 'Cl v-. ...,- t..D ~ -, c..n " HARRIS SAVINGS R^"'" ~...______._._____ -._---------._-------~=~~ Plaintiff ---------------------------------------------- III Ihe Coun 01 Conuaon Pleaa 01 ClUIlberIand CoWII)', PmlU)'lvania VI. No, --21i::.:J.filJ~_Q.'i1t._.mw___ CIvil. 19__~. LEOOV H. RUFF and PAULE:rTE M. 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