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Home My WebLink About03-0656WASHINGTON MUTUAL BANK, FA Plaintiff vs. MICHELLE E. STRAUB A/K/A MICHELLE STRAUB AND RICKY E. STRAUB Defendants IN THE COURT OF COMMON PLEAS 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 THE PURPOSE OF COLLECTING THE DEBT. NOTICE 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 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 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 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 CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LLEVE ESTA USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. 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 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. MICHELLE E. STRAUB A/K/A MICHELLE STRAUB AND RICKY E. STRAUB, 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 vaiid. 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 WASHINGTON MUTUAL BANK, FA, Plaintiff VS. MICHELLE E. STRAUB A/K/A MICHELLE STRAUB AND RICKY E. STRAUB, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE ; .COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WASHINGTON MUTUAL BANK, FA, is a Corporation, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. Defendant, MICHELLE E. STRAUB A/K/A MICHELLE STRAUB, is an adult individual, whose last known address is 1731 TRINDLE ROAD, CARLISLE, PENNSYLVANIA 17013. Defendant, RICKY E. STRAUB, is an adult individual, whose last known address is 1731 TRINDLE ROAD, CARLISLE, PENNSYLVANIA 17013. On or about, January 25, 1999, the said Defendants, executed and delivered a Mortgage Note in the sum of $158,000.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". o 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 in Mortgage Book 1517, Page 1035 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to WASHINGTON MUTUAL BANK, FA and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. The land subject to the Mortgage is: 1731 TRINDLE ROAD, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $26.58 per day From 06/01/2002 To 03/01/2003 ( based on contract rate of 6.750%) Accumulated Late Charges Late charges $60.07 From 07/01/2002 to 03/01/2003 $143,743.94 $8,080.31 $540.63 $6OO.7O Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $271.87 $7,187.20 $160,424.65 **Together with interest at the per diem rate noted above after March 01, 2003 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 ora 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. No judgment has been entered upon said Mortgage in any jurisdiction. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "C". 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. I 1. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 9 ! of 1983. WItEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.750% ($26.58 per diem), together with other charges and costs including escrow advances incidental thereto to the date)3t~ Sheriff's Sale and the property within described. ~~- /ff/] for foreclosure and sale of By: PURCEL~U~R Leon P. Ha-ller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) WmA088sw.ti~ (1696x2800x2 ti~t; [3] LCNT 65BE265-883 HOB JANUARy 25, 1999 1731TRINDLE ROAD, CARLISLE, PA 17013? 1. BORROWER'S PROMISE TO PAY NOTE WORMLEYBBURO · PENNSYLVANIA lProper t! Addr~s] lnretornf°ral°snthntlh~vecece~ved, lpmmi~topayU.S.$ 158,000.00 (this amount is called prmo. pal ),plUslnterest, to the ordet of the Lender. TheLanderm NORTH AMERICAN MORTOA(~E DO/dPANV · I understand that the Lender may transfer this Note. The Lender or anyone who tskes this Note by transfer and who la e~titied to receive: paymants under this Note is called the "Note Holder.' 2. INTEREST Interest will be charged on unpaid principal *until the full amount of principal has been pa~d. I will pay inter'st at a yearly rate of 6 ~ 750 %. Tho interest rate required by this Section :2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (Al Time sad Place of Payments I will pay principal sad interest by tnakinS payments every month. I will make my monthly payments on th= 1ST day of each month be~inuiug on MARCH D 1 1999 . I will make these payments every month until I have paid all of the principal Bed interest and any other charges described below that I may owe under this Note. My munthly payments will be applied to interest before principal. If, on FEBRUARY 01, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.' I wlll make my monthly payments at 38s3 AIRWAY DRIVE, SANTA ROSA, CA 95403 or at a different place if t~luircd by the Note Holder. (B) Amount of Monthly Paymen~ MY monthly payment will bo in the amount of U.S. $ 1,201,39 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are duo .4. meat of loci ual ia known as s " eh" _ .... . y . pr pal y pre .Paym t. ', V/h.en..I make a prepayment, l will tell the Note Holder m wmung that I~amy~ doing so. t may mate a tull prepayment or partial prcpayman~ without paying any prepayment charge. The Note Holder will use ~_1 of m.y prepaym,an~ to .r~duce the amount of principal that I owe under this Note. If I makes partial prepayment, there will ce no ansogns in toe oue oate or in the amount of my monthly payment unle~ the Note Holder agrees in writing to those ch~ngc~ 5. LOAN CHARGES oth l.f ~ isw.,.which a.l~plles to this loan and .~?ch s~ts .maxi~um.loan cherges, ia finelly.inteq~re.ted so that the interest or ~ ] on_~n_ ~n~er_~ _ges .collec. t. ed ? to be cdilect~.,l lo connec,on with thru loan =xceed th~ .p.e.r. mi..~ed.h mits. then: ti) any such loan .. ~e ~..att ~c rcou?.~. Dy toe amount nec...e~., to. reduce the charge to the pa~mltted limit; end (ii) any sums alraady coltectso teem me Which exceeded permitted limits will bo refunded to mr. The Note Hdider may choose to make this refund by reducing the principal I owe under this Note or by m~ng a direct paymant to me. If a refund reduces princip~, the reduction will be treated es a partial pr~q~yment. ' 6. BORROWER'S FAILURE TO PAY AS I~EQUIRED iA} late Charge for Overdue Payments If the Note Holder has not reenived the full amount of any monthly payment by the end of 15 calendar days after tbe date it is due. I will pay a late charge to the Not= Holder. The amount of the charge will be ~n of my ove~duc payment of principal and inter~t. I will pay this late cberg~ promptly but only once on each i'a~e-payment.% (B) DeFault l,~,c~., not Pay the full amount of each monthly payment on the date it ia due, l will be in default; t~; wotice of Default If I am in de,suit, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by · certain date, thc Note Holder may require me to pay imm~l;ately the full amonnt of princip&l which has not been paid and M~_~An~ "~EO RATE N07E'S~,I, FsmiIy-F4~dAJFHLM= ~df.r. In$~ume~ . ! A '* WmhO88sw.ti~ (1696x2800x2 ti~) [4] (D) No Waiver By Note Holder ..... Ev.~nn_ ~i!, at~.~.m, e w.h. en I a,m in default, theNote Holder do~ not r~ulro mc m ~y imm~is~ly in full ~ a~ve, ~ne ~Ote ~ola~ Will still ~ve the right to do ~ if I am in ~ault at n la~ ~ m~ (E) Payment of Note Hold~'s Costs and Ex~ns~ ' ' ' ~ ~e ~?~ Ho~dor h~ ~ me m pay im~a~ in full ~ ~ a~ve, ~e Note Hol~r will hsvn me r eht ~ ~a ~cz ~y me for all of ~m ~ and ~pen~ t n enfo~ng t~s No~ ~ ~ho ~ent not ~ohlbi~ bT a liable law Thee ex~ ~cl~, for ~ample, ~nnble attorney' f~. PP ' 7. GIVING OF NO~C~ . dellv~g]~, n~?~bl~,]aw.~u~ a ~ffe~qt m~th~ any ~o~ ~t m~ ~ ~v~ ~ mo un~ ~s Note will ~ g yen by nng ~ ? ~y maumg t by hint cla~ mad ~ me at ~e P~ Ad~ a~ve ~ a~ a differen~ addr~ if I ~ ~he Hold~ a no~ of my diff~ntaddr~. . ~%.=~ n~v= ur a~ a m~z~z~ ~z I nm glv~ a noh~ of that diff~ addr~. 8. OBLIGA~ONS OF PERSONS UNDER THIS NOTE If mo~ t~ one ~n ~ ~is Note, ~ch ~n is f~ly nnd ~lly obliga~ m k~ dl of ~e mi~ made n t~s Note, including tho ~mi~ m ~y the full amount ow~. ~y ~ who is a g~rantor, ~ety or ~ of this Note is ~ oblig~ to ~ th~ ~in~. Any pe~n who ~k~ ov~ ~ obli~fio~,i~ludlng ~e ~bllgatio~ of a gua~nwr, surety or eaao~ oi this Note, is also obhgated ~ kmp all d ~e ~mi~ m~e in ~is No~. ~e Note Hold~ may enforce i~ri~t~No~a~i~t~ch~n n~vidually~a~all of~mge~.Thism~'~atanyoneof~mnybe r~uir~ m ~y nil of the amoun~ ow~ under ~is No~e. 9. WAIVERS .~ ' I a? an~.o~ ~ ~ho ~ ~bllgn6o~ under ~ ~ w~ ~o ~gh~ of ~ntm~t and nofi~ of dishonor 10 ~IFORMSE~RED NO~-~- ............... Tr~n~r of the ~ope~y or a Beneficial Intere~ ia Bo~ower. If all or ~ny ~ of ~e Pm~y or 'any m~ m it 18 ~]d or ~n~ (or iF a ~eflcl~ m~ Iff ~wor ~ ~ld or ~ and ~ow~ is not ~ ~?~{~n) without ~nder's ~ior wHt~ ~t, ~ may, at im o~on, requi~ immedla~ ~ym~t n If ~nd~ ~r~ ~is opti~. Lender shMl gi~ Bo~w~ notice of a~l~tlon. ~e notice ~[1 ~vlde a ~iod of not 1~ ~an ~ ~ys from ~e dam fie no~ h d~liv~ or mail~ wi~n which Bormw~ m~t ~y nil z~s ~u~ by ~is ~y l~ument. If Bo~w~ f~ls ~ ~y t~ su~ prior ~ ~e e~iration of ~is ~nd~ may invoke shy mm~i~ ~rmit~ by ~is ~rlty ~um~t without f~er no,ce or d:mand on R IC~V E.C~TRAUB -Borrower · STRAUB -~orrower SSN: lgT-4B-g4g 1 SSN: 200-46-54g 1 $SN: WITHOLiT RECOURSE, PAY TO THE ORDER OF (Seal) SSN: NORTH AMERICAN MORTGAGE COMPANY® A De~o~. ~1%-~""'°__."m, ,., .... . · LIZ PAPKE, ¥10E PRESIDENT Fa~m 3200 12/83 WmhO88sw. tit (1696x2800x2 ti~) [6] Conestoga Title Insurance Company. Commitment Number: 1999011850* SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL THAT CERTAIN tact of land situate in Middlesex Township. Cumberland County, Pennsylvania, bounded and described according to the Prellmina;y/Final ~utxilwsion ~lah for Lee C. and Jean E. Morrlson prepared by Fisher Mowery Rosendais and Associates. Inc., Surveyors, Engineers and Planners, dated May 10, 1991 and revised June 24, 1991, September 4, 1991, September 23, 1991, October 1, 1991, October 22, 1991, and recorded in Cumberland County Plan Book 63, page 114, as follows, to wit; . BEGINNING at a point in Trlndle Road, S.R. 0641, at the southeastern comer of Lot No. 4 or~ the above [eferr.ed-to Plan; thence along said Lot No., North 11 degrees 23 minutes lB seconds East 330.00 feet to an ~nslP~3~g_~.en.c~. alonl; LO~ No. 6 o.n the above referred-to Plan. South 11 degrees 23 m/nutes 18 seconds e t ;~u.uo t'est to a point; mence along said Trindia Road, S.R. 0641 North 78 degrees 36 minutes 42 seconds West 200.00 feet to the point and place of BEG NNING. BEING Lot No. 3 on the Prellminary/F na Subdivision Plan for Lee Ci and Jean E. Morrisan and containing 1.51 acres, inclusive of dedicated dght of way. BMO~iEnlN. G the same premises which Lee C. Mordson and Jean E. Morrlson, husband and wife by Deed dated ope. r 2.6, 1992 and recorded in Cumberland County, in Deed Book Y 35, page 529 conveyed unto Harry G. · At. TA Commitment (1999011850/8) $chedute C COMPANY NAME: VERIFICATION 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 Lovey Barg~ Title_Att. Asst. Secretary_ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00656 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB MICHELLE E ET AL 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 STRAUB MICHELLE E AKA MICHELLE STRAUB the DEFENDANT , at 0934:00 HOURS, on the 19th day of February , 2003 at 1731 TRINDLE ROAD CARLISLE, PA 17013 by handing to RICKY E STRAUB, HUSBAND 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 Service Affidavit Surcharge 18 00 3 45 00 10 00 00 31 45 Sworn and Subscribed to before me this ~/~ day of ~ ~c~o q A.D. ~ ~ro~honot~-r~' So Answers: R. Thomas Kline 02/20/2003 PURCELL KRUG HALLER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00656 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS STRAUB MICHELLE E ET AL 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 STRAUB RICKY E the DEFENDANT , at 0934:00 HOURS, on the 19th day of February , 2003 at 1731 TRINDLE ROAD CARLISLE, PA 17013 by handing to RICKY E STRAUB 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 Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this '~ ~- day of ~P~oth0notary ~ So Answers: R. Thomas Kline 02/20/2003 PURCELL KRUG HALLER By: ~ Deputy Sheriff