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HomeMy WebLinkAbout02-0251 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, CIVIL DIVISION Plaintiff, vs. NO.: ~d - ;25; ~ MICHAEL D. McCULLOUGH, SR. and KARLA F. McCULLOUGH, TYPE OF PLEADING Defendants. CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE TO DEFENDANT FILED ON BEHALF OF PLAINTIFF: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~~~ . ATTORNEY FOR PLAINTIFF Washington Mutual Bank, F.A. COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 75 Fairway Drive Vernon Hills, IL 60061 Brian B. Dutton, Esquire Pa. J.D. #81953 AND THE DEFENDANTS IS: 4 Helen Street Enola, PAl 7025 $4L5d~ FATTORNEY FOR PLAINTIFF GRENEN & BIRSIC, P.c. One Gateway Center 9 West Pittsburgh, P A 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 4 Helen Street. East Pennsboro Township (CITY, BORO, TOWNSHIP) (WARD) ~6'~ ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION Plaintiff, NO.: vs. MICHAEL D. McCULLOUGH, SR. and KARLA F. McCULLOUGH, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD 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 BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, CIVIL DIVISION Plaintiff, NO.: vs. MICHAEL D. McCULLOUGH, SR. and KARLA F. McCULLOUGH, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Washington Mutual Bank, F.A., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Washington Mutual Bank, F.A., which has its principal place of business at 75 Fairway Drive, Vernon Hills, IL 60061 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Michael D. McCullough, Sr. and Karla F. McCullough, are individuals residing within the Commonwealth of Pennsylvania, whose last known address is 4 Helen Street, Enola, Pennsylvania 17025. 3. On or about August 30, 1991, Defendants executed a Note in favor of Sears Mortgage Corp. ("Sears") in the original principal amount of $64,356.00. 4. On or about August 30, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Sears a Mortgage in the original principal amount of $64,356.00 on the premises hereinafter described, said Mortgage being recorded in the Office ofthe Recorder of Deeds of Cumberland County on September 4, 1991 in Mortgage Book Volume 1027 Page 525. A true and correct copy of the description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Sears assigned the aforesaid Mortgage and Note to PNC Mortgage Corp of America pursuant to the terms of a certain Assignment of Mortgage. 6. Plaintiff is successor in interest to PNC Mortgage Corp of America. 7. Defendants are the record and real owners ofthe aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the July 1,2001 payment. 9. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. ~1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. ~~1707-l7l5z-l8). 10. Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. ~403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. ~101 and the Defendants are not "residential mortgage debtors" as defined in 41 P.S. ~101. 11. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 1/1/02 Late Charges through 1/1/02 Escrow Deficiency through 1/1/02 Attorney's fees Title Search, Foreclosure and Execution Costs $54,709.84 $ 2,593.01 $ 95.38 $ 432.11 $ 1,250.00 $ 1.500.00 TOTAL $60,580.34 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $60,580.34 with interest thereon at the rate of $12.35 per diem from January 1, 2002, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale ofthe mortgaged premises. BY: GRENEN & BIRSIC, P.C. ~~~- Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" (- . ,...... P.. \:....J .~ '8 .",,1 .:c: ~ ='" ~ c.J ~ I'" ~jG THAT CERTAIN lot o~ pa~c8l of. land ~ituat8 in the Township of East Penncboro, County of Cumberland and State of Pennsylvania, more particularly bounded and de8e~ibed a8 followa, to wit: BEGINNING at a point, the no~tbeaBt eorne~ of Helen St~eet and a fifteen (15) foot wide alley, being the first alley east of State Street, as shown On the Plan of LotB he~einafter mentioned; thenee in an eatter1y direction, along the northern line of Helen Street, forty (40) feet to a point on the dividing line between Lots Nos. 35 and 36 on said Plan; tbence in a northerly direction alon, said dividing line, one hundred twentY-five (lZS) feet to a fifteen (IS) foot wide alley; thenoe in a westerly direction, . along the Bouthern line of said last mentioned alley, fo~ty (40) feet to a point on the fifteen (15) foot wide alley fist abOve mentioned; thence in a southerly direction, by the eastern line of said alley, one hundred twenty-five (125) feet to' the point and place of BEG.INNING. BEING Lot No. 36 on the Plan of Lots laid out by F~anci8 H. Spangler,. said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 2. HAVING !HEREON EREOTED a on. ~tory brick dwelling known and numbered as 4 aelen Street, Enola, rennsylvania. SUBJECT, nevertheless, to the restriction that no building other than a dwelling Shall be erected on the front portion of said lots and that no building of any character shall be e~ected on said lots within twelve (12) feet of Helen Street. BEING the same prem!ses which Gerald S. Brown, .ingle man, by deed dated. July 31, 1986 and recorded August 4, 1986 in the Offic. of the Recorde~ of Deeds in and for Cumberland County, PennSYlvania, in Deed Book B, Volume 32, Page 962, granted. and conveyed untq Thomas R. Bair and Pamela J. Raup, nOW known as Pamela J. Hair, husband and wife, the Granto~s he~ein. ' Be.:i.ng the same premises which 'Ihomas B. Bair and Pamela J. 'Raup by J:ndenture dated Mu'ch.27, 1990/,and recorded at Carlisle' in the County of CUlllberland on March 28, 1990 l.n Deed Book 34M, page 56, granted and conveyed unto 'Ihonas R. l3air and Palrela J. Bair,' husbzmd. and wife, in fee. We got this FAX on ServerA at: 12/28/2001 01:58PM Page: 2 VERITICATION The undersigned, a duly authorized representative of Plaintiff, deposes and says, subject to the penalties of18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage F orec1osure are true and correct to the best ofhisfher information and belief. ~J rt/l, _ /L..._ If (/~ 1,rlUIl..l ZZl-= zoo/zoo d E19-1 -WOJ= W~SO:Ol 10-8Z-'90 l~ ,~ "-.J ~ ~ '" s . ~ C) l;~~~ Q f'J (,;; <::--::;:;; ~ [p~ Z c5~ z~: OJ ;'56 ~2 :;:1+1 ~o 5: ;,':50 ~8 is ~m >C -. :J:> ~ ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-00251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS MCCULLOUGH MICHAEL D SR ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCULLOUGH MICHAEL D SR the DEFENDANT , at 1934:00 HOURS, on the 22nd day of January ,2002 at 4 HELEN STREET ENOLA, PA 17025 by handing to MICHAEL D MCCULLOUGH SR 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 So Answers: 18.00 10.35 .00 10.00 .00 38.35 .r~~-'~~ R. Thomas Kline 01/23/2002 GRENEN & BIRSIC Sworn and Subscribed to before me this 30 ~ day of C;-q;;;00~ AD G_ "!VI,;,,,, # rothonotary , By: /~ __ 21 J- I / DeputY{fheriff SHERIFF'S RETURN - REGULAR , " CASE NO: 2002-00251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS MCCULLOUGH MICHAEL D SR ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCULLOUGH KARLA F the DEFENDANT , at 1934:00 HOURS, on the 22nd day of January ,2002 at 4 HELEN STREET ENOLA, PA 17025 by handing to MICHAEL D MCCULLOUGH SR 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~~ R. Thomas Kline 01/23/2002 GRENEN & BIRSIC Sworn and Subscribed to before me this 30 ~ day of 9''''Mj ~..2.J A.D. Q't:. t2 fu. i//. . {f~ rothonotary By: ~ ~W--/ Deputy ShViff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, CIVIL DIVISION Plaintiff, ISSUE NUMBER: vs. MICHAEL D. MCCULLOUGH, SR. and KARLA F. MCCULLOUGH, NO.: 02-0251 Defendants. TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. J.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, CNIL DNISION Plaintiff, NO.: 02-0251 vs. MICHAEL D. MCCULLOUGH, SR. and KARLA F. MCCULLOUGH, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. By:~aLL~{lILU_J-'- Kri ine M. thou, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this ~w.. day of ~\:::-xJ.... '1,2005. Odllj{';l'o\ ti-~ Q'rf\.\lo<V Notary Public COMMONWEAl Ti-;.QF PENNSYLVANIA NotJI1<:\1 Seal Pabida A T o\"ll1send, Notary Public City Of Pillsburgrl. ,~lIegheny County My Commission Exp~res June 2, 2007 Member, Pennsylvania AssociatiOl1 Of Notaries o C. ,; r-' = c;J c.n c:::> CO _4 \ <Il -u ::'1.;': q, .-4 :::r:.,., PIe:. -"'~11.-'-; ;sj~ , ) "--". ...<::;~ S-':'~l :J'. ::'l <.,.) .. N 0'