HomeMy WebLinkAbout03-0768MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. ¢/o Washington Mutual Bank, FA
P.O. Box 1169
Milwaukee, WI 53224
Plaintiff
VS.
SUSAN A. STEAGER A/K/A SUSAN ANN
STEAGER AND BRIAN D. STEAGER
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 HAiN 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 LISTED 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 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
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. c/o Washington Mutual Bank, FA
P.O. Box 1169
Milwaukee, WI 53224
Plaintiff
VS.
SUSAN A. STEAGER A/K/A SUSAN ANN
STEAGER AND BRIAN D. STEAGER,
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 fi'om the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. c/o Washington Mutual Bank, FA
P.O. Box 1169
Milwaukee, WI 53224
Plaintiff
VS.
SUSAN A. STEAGER A/K/A SUSAN ANN
STEAGER AND BRIAN D. STEAGER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as
MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for
Washington Mutual Bank, FA, which is the owner of the entire beneficial interest in the Mortgage, with
an address of P.O. Box 1169, Milwaukee, Wisconsin 53224.
Defendant, SUSAN A. STEAGER A/K/A SUSAN ANN STEAGER, is an adult individual, whose last
known address is 2012 SHEEPFORD ROAD, MECHANICSBURG, PENNSYLVANIA 17055.
Defendant, BRIAN D. STEAGER, is an adult individual, whose last known address is 2012
SHEEPFORD ROAD, MECHANICSBURG, PENNSYLVANIA 17055.
On or about, January 30, 1998, the said Defendants, executed and delivered a Mortgage Note in the sum
of $106,550.00 payable to ACCUBANC MORTGAGE CORPORATION, which Note is attached hereto
and marked Exhibit "A".
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 1431, Page 469 conveying to original Mortgagee the subject
premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. and recorded in the aforesaid County in Mortgage Book 603, Page 82. Mortgage
Electronic Registration Systems, Inc., is acting solely as nominee for Washington Mutual Bank, FA its
Successors and Assigns. The Said Mortgage and Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 2012 SHEEPFORD ROAD, 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
August 01, 2002 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCI?~XL BALANCE
$101,335.89
Interest at $20.12 per day
From 07/01/2002 To 03/01/2003
( based on contract rate of 7.250%)
$5,512.88
Accumulated Late Charges
$277.40
Late Charges $38.32
From 08/01/2002 to 03/01/2003
$344.88
Escrow Balance
$555.23
Attomey'sFeeat5%ofPfincipalBalance
TOTAL
$5,066.79
$113,093.07
**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 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 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 7.250% ($20.12 per diem), together with other charges and
costs including escrow advances incidental thereto~ Sale and for foreclosure and sale of
the property within described. ·
By: ~'~ '~
PURCELL, KRUG & ItALLER
Leon P. Hailer, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
Wm~27142.ti~ (1600x2800x2 ti~; [3]
Januaz~ 3Or;h, 1998
1. PARTIES
2012 SH~PFORD ROAD
M~CHANICSBURG, PA 17055
ID: 3168001
'~wro,,,,~' means each pe~c~ signing at the emi o~r this Note. and the person's succeason and usigm. 'L.~l.r'
Accu~anc ~o~cgage Corporal::i.~n -.'
2. BOP~IOWE~S I~OM~SE TO PAY; ~
In return for · loan ~ceived from L,,-4~, Borrow~ promJse~ to pay the principal sum of
One HUndred Six Thousmn~ Five Hundred F:l. fl:y and no/X00 ........
D~iI~ [U.S. $ 10~,$~0.00 ). plus i.~,~t, m tl~ ord~ of L~d~. ~.~.~ will i~ ~lm~l o. mp~i4 i=i~ilml'
f'~mmtl~4al~°f4id~=~mt°fll~i~l~u~lsbyL~', slll~m~of Seven and one quar'~er
perceat ( 7.2S0 ~) per year until the ~ amount of principal has been paid.
3. PROm TO PAY SECURED
Bc~s pro~ to pay is sec~ by a mortgage, d~ed of trtmt or ~i~Om' secur/ty imtnmlmt that is dated the mine date
Borrower dehults under this Note.
4. Iq~tRNER OF PAYMENT
(A) Tbne
BmTOWe~ slmll maim a payment of pr/ncipal md hitemst to Le~ on the first day of each month be~innin~ on
~ lac . 1998 · AnY Pl~Xcilml mid interest rmmining on lite first day of February
2028 , will 1~ ~ ~ ~ ,~, wl~ b ~!i~11~ "Nl~u~i~, D~. · '
~lym~Hshlllll~l~ld~al 1237'; Mer~ll: Dx'., #600, P.O. BOX 809089,
Dilllalll, Texas 7S2~1
by noli~ ~ B~'mw=. ~ et ~ pl~ ~ Lmd~ ,--y ~m~
(c) ~
~ II~I~IY paym~llt °f Pl~Pa~ ~d i~l~'~ w~]! bll ~11~ IIm~ul~ of U.S, $ 726.86
~ il.,-, ~,, tim o~1~ 4~'i1~1 i. d~ S~'u~i~,
(D) AIIo.~ t~ I!~ N.I~ for pe~m~t
If -- ,lk~,~ m,~idi~ ~ I~Y~ ~j,~m~m i~ ~,~-~1 by ~ ~ ~,ifl, fl,ls Nol., 11~ ~,mm of
I~ ~d~u.ge ,droll I~ i.~mm4 i.~ ,md dm]l -,-,~4_ ~ ~1 sw~l~mmt lira ~,~,~-m of this N~ ~ if I~ ~l~&~ w~
$. BORROWEH'S P.]GHT TO ~PAY
'"'-"-----"- Illlllll
Wmt27142.tif {1600x2800x2 tiff) [4]
~. BORROWER'S FAILURE 1'0 P&y
(~) ~ Char=e i'm- Ore.lac
If Lender has not re~/ved Ihe full monthly payment required by th~ Security Instrument. as dele. r/bed in Para~
4(C) of this Note, by the end of fl/h~en calendar days after the payment is du~ Lender may unllect a lam ehar~ in the amount
of
(B) Default l~rcent ( .t. 000 %) ofti~ overdun amount of each payment.
If ~on'ower defaults by fa/l/n~ to pay in f~H nny monthly payment, then f..~ader n~y, ~ an ]imlt~ by r~tlatinn~
of ~ -%~ary/n t~ case of paymmt dafaults, requ/~ im~,,~jate payment in full of ~!~ I~indpal balan~ ~ dun and
· ~ ~ unto ~.~m_~ s r/~t~ to ~ imm~!=_~ paymmt in
fifllmtlmea~°fpaymentd~faults.'l'n/sNot~doe~notaulhor~~oawhannotpmn/tl~db. HUD ' ·
in th/s Note, "%°t~"tary"meansflm$~mtaryofHotmin~andUrbun~)evdopmentorh/sorherd~si;~. ~ A~uasd
(C) l'arment of C~m and Es~enses
If Lend= ha~ required
Inw. ~uch fee~ attmnays' fe~ for eafoning tlgs Note to IIm axtent not pmigbited
of this
?. w~,',~s
Borrowar and any otl~r person ~ has obligati<3as ~ figs No~ waive tha rights of presentm..,__* and notice of
dishonor.
· "P,r~antmant · means the right to requira Leader to demand payment of amounts dm, 'Notie~ of dishn~__r" means the
n~ht to requ~e Lender to give notic~ to od~r persons that amounts dun have not been paid.
8. GIVING OF NOTICES
by de~v~g it or by mailing it by tint ¢i~a m~i to Bormu~r at the ~ addr~s ~d~ve or at · dlf~mt
~ im aN-- Linear. not~ of aonuv~,, 4~nt
· Any n°6~ that mint ha glv~ to Lmd~ umi~ fl~ Not~ will be givm by first ~ m~il m Lmt~ nt tim mdd~m sm~ in
Prograph 4(B) ~:~ at a ~ add~ if BcsTow~ i~ givun a m~ of ~tmt dil%%r~ addrms.
9. OBLIGATIONS OF PEI~ONS UNDER T~S NOTE
ti~s If m°r~ ~un °~ P~rS°~ s/~ th~ No~ ~ch p~on ~ fully ami pmomlly obllg, t~4 m ~ ~! of ~ ~ ~ ~
N°to' in~uding th~ Pmm~ to PaY tim full m~mmt ou~d. Any p~rmn wire is a gunrmor, surnty or mdor~ of ~hi~ Note is
also ob~gated to do th~s~ things. Any palm who taic~ over flms~ obligations, including tim obligati~ of · gummtor, surly
or mdorser of ~s Nora, ~s Mso obliga~d to ~ ali of t~ prom/sm ma~ in ~ N~. Lmd~r may mfor~e ite ri_~b~ under
No~ against each p~son individually or agMm all signatorlas together. Any ~ne l~rson signing th~s No~ may b~ ~ to
paY all of tl~ amounts ow~i under ~his Nc~.
BY SIGNING BELOW, Borrower sj~l~ts and s to the tams ,,~
(s~)
(~)
(s~)
(s~)
Pay To The Omer
ALL that certaiu parcel of land situate in Lower Alien Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a stawey and plan thereof made by Ernest
3. Walker, Professional Engineer, dated August 26, 1968.
BEGINNING at a point on the center line of the public road running from Slate Hill to New
Cumberland, kaown as Sheepford Road (Township Road No. T-646) said point being two thousand
three hundred ninety (2,390) feet measured southwardly along said center line from the intersection
of the same with the center line of Township Road No. T-369; also being at the line of lands of
Clawsar, thence along the center of said public road, south 23 degrees 36 minutes east, a distance
oftwn hundred forty-three and eight tenths (243.8) feet to a stake in the center of said public road;
thence continuing along the center of said public road, south 5 degrees 48 minules east, a distance
of forty-sovcn and one tenth (47.1) feet to a stake in the center of said public road, in the line of lands
of Rhuell Smith; thence along the line of lands of Rhuell Smith, south 78 degrees 14 minutes west,
a distance of three hnndred thir~y-£our and sixty-two hundredths (334.62) feet to a st~k¢ at the line
of land of Clawser, aforesaid; thence along the line. of lands ofsaid Clawser, north 33 degrees 40
minutes east, a distance of four hundred five and eighty-six hundreds (405.86) feet to a stake in the
center ofsaid public road, the place of BEGINNING. Containing 1.13 acres.
Having thereon erected a dwelling house numbered 2012 Sheepford Road.
:80017
EXHIBIT A
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 ~ 19, 2003
Lovey Ba r .
Title_Att. Asst. Secretary_
SHERIFF'S RETURN - REGULAR
2ASE NO: 2003-00768 P
~OMMONWEALTH OF PENNSYLVANIA:
T~TY OF CUMBERLAND
i 'E ELECTRONIC REGISTRAT
VS
STEAGER SUSAN A ET AL
CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT MORT FORE was served upon
the
STEAGER BRIAN D
DEFENDANT ,
at 2012 SHEEPFORD ROAD
at 2037:00 HOURS, on the 3rd day of March , 2003
MECHANICSBURG, PA 17055
SUSAN A STEAGER
by handing to
ADULT IN CPIARGE
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 /D ~ day of
~ QO~3 A.D.
I ! ~Pr~thOnota~y I /
So Answers:
R. Thomas Kline
03/04/2003
PURCELL KRUG HALLER
By: ~ Sheri ~/
- SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00768 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
STEAGER SUSAN A ET AL
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
STEAGER SUSAN A AKA SUSAN ANN STEAGER the
DEFENDANT ,
at 2012 SHEEPFORD ROAD
at 2037:00 HOURS, on the 3rd day of March , 2003
MECHANICSBURG, PA 17055
by handing to
SUSAN A STEAGER
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 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this /D t' day of
~¢~A~ ~ A.D.
I /prothonotary
So Answers:
R. Thomas Kline
03/04/2003
KRUG HALLER
Leon P. Haller
Purcell, Krug &Haller
1719 N. Front Street
Harrisburg, PA 17102-2392
(717) 234-4178
lhaller@pkh.com
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
Plaintiff
vs.
SUSAN A. STEAGER A/K/A SUSAN ANN
STEAGER AND BRIAN D. STEAGER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 2003 - 00768
IN MORTGAGE FORECLOSURE
P RA E C I P ~.
TO THE PROTHONOTARY:
Please mark the above case settled and discontinued, without
prejudice.
DATE: October 27, 2004
PURCELL, KRUG & HALLER
Leon P. H~ng'ler ID #15700
Attorn. ey~for Plaintiff