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Home My WebLink About02-5130FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA S/B/M TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oa - CUMBERLAND COUNTY SCOTT W. THUMMA SHEILA R. THUMMA 509 FIFTH STREET NEW CUMBERLAND, PA 17070 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 this 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 claimed in the Complaint or 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 8001467557 RXP IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiffis WASHiNGTON MUTUAL BANK, FA S/B/M TO FLEET MORTGAGE CORP. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: SCOTT W. THUMMA SHEILA R. THUMMA 509 FIFTH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/31/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GE CAPITAL MORTGAGE SERVICES, iNC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1204, Page 1137. By Assignment of Mortgage recorded 3/27/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 493, Page 204. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the enflre principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 6/1/02 through 10/1/02 (Per Diem $15.68) Attorney's Fees Cumulative Late Charges 3/31/94 to 10/1/02 Cost of Suit and Title Search Subtotal $78,984.02 1,928.64 1,225.00 90.24 550.00 $82,777.90 Escrow Credit 0.00 Deficit 299.30 Subtotal $ 299.30 TOTAL $83,077.20 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $83,077.20, together with interest fi.om 10/1/02 at the rate of $15.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. F N ~AND P EL , , FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL Caunty of Cumberland and State of Pennsylvania, more particularly BEGZNNING at a point on the'North side of FiYth Street~ said point ' being the dividin9 ~ine between Lots Nos. [0 and ii, Block '$*, on the he~ein&fter mentioned Plan of Lots~ said point also belnq fifty (50) feet measured Eastwardly from Euta. Street; [hence a/OhS s~id d~vidlng line North 5~ degrees =0 minutes Wes[ a distance of one hundred ~o~'~ ~40 ) feet to a point~ thence North 56 deqrees 30 minutes East a distance of fifty (507 feet to Let No. 8 on sa~d Planl thence along said Lot No. 8 South 35 deqrees ~0 minutes East a distance of one. hundred ~x~cy ~40 ) feet to the North side of Fifth 5tree[; thence ~ p~or ti=ie). HAVING thereon erected a two story brick dwelling house known as 509 Fifth Street~ ~u Cum~e?iand, Pennsylvania. d~[ed Sep~embec 2e~'i988 and recorded in the Office o~ %he Recorder of VERIFICATION KAREN BATT hereby states that he is VICE PRESIDENTof WASHINGTON MUTUAL BANK, F.A.. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action are tree and con'ect to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: REGULAR SHERIFF'S RETURN - CASE NO: 2002-05130 P COMMONWEALTH OF PENNSYLVAINIA COUNTY OF CUMBERLP~ND WASHINGTON MUTUAL BANK VS THUMMA SCOTT W ET AL JASON VIOP~AL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THUMMA SCOTT W the DEFENDANT at 2002:00 HOURS, at 509 FIFTH STREET NEW CUMBERLAND, PA 17070 SCOTT THUMNL~ a true and attested copy of COMPLAINT - on the 25th day of October , 2002 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~ day of bl~~ J~o~ A.D. (~l~'~o't{~n~, ~ So Answers: R. Thomas Kline 10/29/2002 FEDERMAN & PHELAN By: ~y Sherif~ SHERIFF'S CASE NO: 2002-05130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS THUMMA SCOTT W ET AL RETURN - REGULAR 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 THUMMA SHEILA R the DEFENDANT at 2002:00 HOURS, at 509 FIFTH STREET NEW CUMBERLAND, PA 17070 SCOTT THUMMA, HUSBAND on the 25th day of October 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 L~ day of ~ ~t~ A.D. ! fP~o~onotary ' So Answers: R. Thomas Kline 10/29/2002 FEDERMAN & PHELAN By: e ~ FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA S/B/M TO FLEET MORTGAGE CORP. Vs. SCOTT W. THUMMA SHEILA R. THUMMA Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 02-5130 CIVIL PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 13 bankruptcy was filed on 10/18/02, which invalidated the complaint. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff C') CD