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Home My WebLink About03-1024WASHINGTON MUTUAL BANK, FA Plaintiff VS. PEGGY A. LEYDIG Defendant 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 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, Plaintiff VS. PEGGY A. LEYDIG, Defendant 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 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. PEGGY A. LEYDIG, Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA, is a Corporation, with address of P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. 2. Defendant, PEGGY A. LEYDIG, is an adult individual, whose last known address is 103 SHOLLY DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. o On or about, June 14, 1996, the said Defendant, executed and delivered a Mortgage Note in the sum of $40,388.00. 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 Defendant. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attached 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, Defendant, 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 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. 5. The land subject to the Mortgage is: 103 SHOLLY DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on September 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $8.79 per day From 08/01/2002 To 04/01/2003 ( based on contract rate of 8.500%) $37,782.0O $2,399.66 Accumulated Late Charges Late Charges $18.95 From 09/01/2002 to 04/01/2003 $127.68 $170.54 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $90.18 $1,889.10 $42,459.16 **Together with interest at the per diem rate noted above after April 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. Notice of Intention to Foreclose has been sent to Defendant by Certified Mail, as required by Act 6of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "A". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Admiff~strafion under Title II of the National Housing Act and, as such, is not subject to the provisions of pennsylvania Act No. 91 of 1983. in mortgage foreclosure "IN REM" for the aforementioned Plaintiff demands ~udgment ($8.79 per diem), together with other charges and WitEREFORE, with interest at the rate of 8.500% date of Sheriff's Sale and fOrdue together foreclosure and sale of costs including escrow advances incidental th / .... the nroperty within described. : · - By:~.& HALLER Leon P. Haller, Esqmre Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) i ~ Washington Mutual January 21, 2003 2210 Enterprise Drive Florence, SC 29501,-,_~ 54 NOTICE OF INTENT TO ACCELERATE AND FORECLOSE Peggy A Leydig 103 Sholly Drive Mechanicsburg, PA 17055-5842 RE: LOAN NUMBER 5218811593 MORTGAGE ENCUMBERING REAL PROPERTY LOCATED AT 103 Sholly Drive Mechanicsburg PA 17055 Dear Mortgagor (s): This letter is to inform you that you are in default of your obligations pursuant to the above referenced obligation, option A: for failure to pay your regular monthly mortgage payment due ~09-01-02. The property located at 103 Sholly Drive Mechanicsburg PA 17055 is in serious default because you have not paid the monthly payment and other charges for the months of 09-01-02 through 01-01-03. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is 2477.13. You may cure this default within thirty (30) days of the date of this letter, by paying us the above mentioned amount of 2477.13 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cashier's check, certified check, or money order and sent to Washington Mutual Home Loans, Inc. Attn: Cashiering, P.O. Box 1561 Milwaukee, WI 53201-1561. ' If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within thirty (30) days, we also intend to instruct our attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorney, but you cure the default before we begin legal proceedings are started against you, you will have to pay reasonable attorney, s fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney, s fees even if they are over $50.00. Any attorney, s fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay attorney, s fees. CL554-002-STG ~ LH23~2 [9] (~gTg Exoo~Ex969I) ~I~'TILL~gmM - = ~' personally :or the unpaid prin..~r~%ce and all other sums due-under the mortgage. If you hav~"'~6%$¢~d the default within thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sell at any time up to one hour before the sheriff,s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney, s fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage) . It is estimated that such a sheriff,s sale could be held approximately six (6) months from t~e date of this notice A .^~4__ of the date of the sheriff,s sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the requires payment will be by calling us at 800-254-3677. This payment must be made by cashier,s check, certified check, or money order and made payable to us at the address below. Washington Mutual Home Attn: Cashiering Department P. O. Box 1561 Milwaukee, WI 53201-1561 You should realize that a Sheriff,s sale will.eh? yOur ownership of the mortgaged property and your right to remain an it. If you continue to live in the property after the sheriff,s sale, a lawsuit could be started to evict you. You have additional right to help protect your interest in the property. You have the right to sell the property, to obtain money to payoff the mortgage debt, or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property Subject to the mortgage to have a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney,s fees and costs are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You may have to right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Should you need additional assistance please contact our office at 1-800-254-3677. , Sincerely, Collection Department Applicable law requires us to inform you that, under these C' lrcumstances, we are acting as a debt collector, we are attempting to collect a debt, and any information will be used for that purpose. ~ LH2522 [£] (~_,-,-TTq- ~xoo~x969i) ~T:I-'TTL£~.~m~ 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 ~ 6, 2003 Title_Att. Asst. Secretary_ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01024 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS LEYDIG PEGGY A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEYDIG PEGGY A the DEFENDANT , at 2121:00 HOURS, on the 26th day of March , 2003 at 103 SHOLLY DRIVE MECHANICSBURG, PA 17055 by handing to PEGGY A LEYDIG 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 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this ~ day of ~ ~_3 A.D. Prothonot az~y So Answers: R. Thomas Kline 03/27/2003 PURCELL KRUG HALLER B · I 'b~puty s~riff WASHINGTON MUTUAL BANK, FA Plaintiff VS. PEGGY A. LEYDIG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-01024 P IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER By: ~r ID #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 29, 2003