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Home My WebLink About03-0726WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED Plaintiff VS. DEBRA E. BEAVER AND JAMES I. BEAVER III 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 afar 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 fights 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 LISTED 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 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 SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. DEBRA E. BEAVER AND JAMES I. BEAVER III, 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'ofthe 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 WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. DEBRA E. BEAVER AND JAMES I. BEAVER III, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURF. Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. Defendant, DEBRA E. BEAVER, is an adult individual, whose last known address is 2 SPRING VALLEY LANE, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, JAMES I. BEAVER, III, is an adult individual, whose last known address is 2 SPRING VALLEY LANE, MECHANICSBURG, PENNSYLVANIA 17055. .. On or about, September 18, 1995, the said Defendants, executed and delivered a Mortgage Note in the sum of $96,050.00 payable to FT MORTGAGE COMPANIES DBA MNC MORTGAGE. 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 in Mortgage Book 1285, Page 278 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANK UNITED and recorded in the aforesaid County in Mortgage Book 650, Page 632. Washington Mutual Bank, FA Successor by Merger to Bank United. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 2 SPRING VALLEY LANE, MECHANICSBURG, PENNSYLVANIA 17055 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 October 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCII>AL BALANCE Interest at $19.73 per day From 09/01/2002 To 03/01/2003 ( based on contract rate of 8.125%) Accumulated Late Charges Late Charges $35.38 From 10/01/2002 to 03/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $88,662.89 $4,182.76 $198.72 $247.66 $311.67 $4,433.14 $98,036.84 **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. 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 II 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 8.125% ($19.73 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described.By: KR PURCELL, Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 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 unswom falsification to authorities. Dated ma~v~ 14, 2003 Ltivey Barge~ . Title_Att. Asst. Secretary_ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS BEAVER DEBRA E ETAL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon BEAVER DEBRA E the DEFENDANT at 2 SPRING VALLEY LANE , at 1926:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17055 by handing to DEBRA BEAVER 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 Service Affidavit Surcharge 18 00 7 59 00 10 00 00 35 59 Sworn and Subscribed to before me this ~7 ~ day of ~ ~3 A.D. -/-Prothonotary i , - So Answers: R. Thomas Kline 02/28/2003 PURCELLBy: KRU~ /Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS BEAVER DEBP~A E ETAL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BEAVER JAMES I III the DEFENDANT at 2 SPRING VALLY LANE , at 1926:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17055 by handing to DEBRA BEAVER, 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 Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 7 e~ day of ~ ~-~ A.D. / ' Prothonotary' So Answers: R. Thomas Kline 02/28/2003 PURCELL KRUG~ By: . ~ Deputy Sheriff WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, Plaintiff VS. DEBRA E.BEAVER AND JAMES I. BEAVER, III, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 00726 IN MORTGAGE FORECLOSURE P RA ~. C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. By: PURCELL, KRUG & HALLER Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 9, 2003