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HomeMy WebLinkAbout07-7467PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 167131 WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 Plaintiff V. ANNETTE AUMILLER 7181 UMMEL AVENUE LEMOYNE, PA 17043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 167131 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 167131 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 File #: 167131 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 167131 1. Plaintiff is WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: ANNETTE AUMILLER 718 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/30/1996 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE COPORATION OF AMERICA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1345, Page: 254. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2007 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 entire principal balance and all interest due thereon are collectible forthwith. File #: 167131 6 The following amounts are due on the mortgage: Principal Balance $51,493.48 Interest $1,851.56 07/01/2007 through 12/11/2007 (Per Diem $11.29) Attorney's Fees $1,325.00 Cumulative Late Charges $120.25 09/30/1996 to 12/11/2007 Cost of Suit and Title Search $550.00 Subtotal $55,340.29 Escrow Credit $0.00 Deficit $51.07 Subtotal 51.07 TOTAL $55,391.36 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 167131 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $55,391.36, together with interest from 12/11/2007 at the rate of $11.29 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. PHELAN HALLINAN & SCHMIEG, LLP y a69 FRANCIS S. HAL INAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 167131 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 145 feet measured in a westerly direction from the south west corner of Hummel Avenue and Seventh Street (formerly Lorne Street); thence in a southerly direction along the western lot line of Lot No. 4, Section'E' on a Plan of Lots hereinafter mentioned 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction along the northern line of Peach Alley, 17.5 feet, more or less, to a point; thence in a northerly direction along a line running through the center of a partition wall of a double brick erected in part on said Lot, 150 feet to a point on the southern line of Hummel Avenue; thence in an easterly direction along the southern line of Hummel Avenue, 17.5 feet, more or less, to a point, the place of BEGINNING. BEING the eastern half of Lot No. 5, Section 'E', Plan No. L of Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office of Cumberland County in Deed Book J Volume 4 page 40. PARCEL NO: 12-22-0824-187 PROPERTY BEING: 718 HUMMEL AVENUE File #: 167131 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. rte'/? .! Attorney for Plain i 19 DATE: /'2 // r_ (K 00 qk ' 7 T 'f' ?+ l 3 i,? ! 1 O ? d CV -1 ?.3 top PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK COURT OF COMMON PLEAS CIVIL DIVISION V. ANNETTE AUMILLER CUMBERLAND COUNTY NO. 07-7467-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Dated: _ File #: 167131 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 WASHINGTON MUTUAL BANK COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY NO. 07-7467-CIVIL TERM ANNETTE AUMILLER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: ANNETTE AUMILLER 71814UMMEL AVENUE LEMOYNE, PA 17043 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Dated: PHS # 167 31 .. VERIFICATION 1 V? hereby states that he/she is 4vp of WASHINGTON MUTUAL BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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: 12-1)2) 07- LTitle: /-/h\/ P Company: WASHINGTON MUTUAL BANK Loan:5924039018 File #: 167131 C 3 r`' {J C7- CAI A PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank Annette Aumiller TO THE PROTHONOTARY: PRAECIPE : Court of Common Pleas Civil Division : Cumberland County No. 07-7467-C.T. X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued without prejudice. Date: //1'54,v Plaintiff VS. Defendant(s) Francis S. Hall(nan, E Attorney for Plaintiff ATTORNEY FOR PLAINTIFF PHS# 167131 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07467 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS AUMILLER ANNETTE SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AUMILLER ANNETTE the DEFENDANT , at 1111:00 HOURS, on the 7th day of January , 2008 at 718 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to ANNETTE AUMILLER 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 !ld alp Q ?.? 18.00 30.72 .00 10.00 .00 58.72 Sworn and Subscibed to before me this day So Answers: , 4 41!1- R. Thomas Kline 01/08/2008 PHELAN HALLIN CHM G By: puty Sheriff of A. D.