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HomeMy WebLinkAbout01-3375FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 WASHINGTON MUTUTAL HOME LOANS, INC. 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 Plaintiff SCOTT R. KUHN 708 CONKLIN STREET MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DiVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 attomey and filing in ~vriting 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. I]7 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0094435368 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 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. Plaintiff is WASHINGTON MUTUTAL HOME LOANS, 1NC. 539 SOUTH 4TH AVENUE LOUISViLLE, KY 40202 The name(s) and last known address(es) of the Defendant(s) are: SCOTT R. KUHN 708 CONKLIN STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/14/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST KEYSTONE FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1558, Page 818. By Assignment of Mortgage Recorded 10/11/00 the mortgage was assigned to STATE STREET BANK AND TRUST COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 657, Page 1. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of pnncipal and interest upon said mortgage due 2/1/01 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. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 1/1/01 through 5/1/01 (Per Diem $36.87) Attorney's Fees Cumulative Late Charges 7/14/99 to 5/1/01 Cost of Suit and Title Search Subtotal $143,535.98 4,461.27 4,000.00 241.04 550.00 $152,788.29 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $152,788.29 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of wl~mh is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $152,788.29, together with interest from 5/1/01 at the rate of $36.87 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ZZll9 BS701-Clst April 08, 2001 Scott R Kuhn 708 Conklin Street Mechanicsburg PA 17055 RE: LOAN NUMBER: PROPERTY ADDRESS: 0094435368 708 Conklin Street Mechanicsburg PA 17055 Current Servicer: Washington Mutual 539 S 4th Avenue Louisville, KY 40202 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)~ays to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uD to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above your property located at: 708 Conklin Street Mechanicsburg PA 17055 lender on IS SERIOUSLY IN DEFAULT because: As of 04-04-01 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Payments from 02-01-01 through 04-04-01 PAYMENT AMOUNT 1,205.21 PAYMENTS NOW DUE 3 LATE CHARGES 120.52 RETURN CHECK CHARGE .00 OTHER FEES .00 LESS UNAPPLIED FUNDS .00 TOTAL AMOUNT PAST DUE: 3,736.15 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WI~ICH IS $ 3,736.15, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Washington Mutual Home Loan, Inc. ATTN: Cash Services Dept, 75 N Fairway Drive, Vernon Hills, IL 60061. ' (HIBff BS203 BS206 BS210 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM -FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800)342-2397 LANOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTUNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMANDO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT91 INSERT PA9 BS203 BS206 BS210 If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may be proceeded against your home ~nmediately. -- Available funds for emergency homeowner mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. 717-780-3800 or 1-800-342- 2397(toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclosure". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exemise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, PNC Mortgage Corp of America Customer Service Department PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT WE ARE DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY A,SSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Coun~es Commialon for Community Action (STEP) 2138 Lincoln Strcer P.O. Box 1328 WilliamspotL PA 17703 (570) 326-0587 FAX (570) 322~2197 CCCS of Northe~tem PA 201 Bazin Stt~t Williarozpo~ PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W~ Market Street POB 1127 Wilkes-Barre. PA 18702~ (570) 821.0837 or (800) 922-9537 FAX (570) 821~1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wi[kes~Barre, PA 18702 (570) 826-0510 or (800) 822-0859 FAX (570) 829-1665---(Call Before Faxmg) (570)455-4994 Hazaltown FAX (570) 455.5631--~¢all Before Faxins) (570) 836-4090 Tunkhannock Booker T. Washiagton Center [720 Holland Center £ri¢, PA 16503 (814) 453°5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 East 20a Street Erie, PA 16510 (814) 898-04OO FAX (814) 898-1243 CCCS of Western peunsyiv~nia, Inc. 2000 Linglestown Road Hun'isbur~, PA 17102 (717) 541-1757 Urban League of McU'opoiitan Ha~isburg N, 6a Street Harrisburg, PA 17101 (717) 23,*~5925 FAX (717) 234-9459 Community Action Corem of the Capital R~gion 1514 Derr~ Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeus~m PA 1631 South Athertun SL, Suite tO0 State College, PA 16801 (814) 238-3668 FAX (81~.) 238-3669 COLUMBIA COL~TY 1400 Abingtun Executive Park Suite t Clark~ Summit. PA 18411 (570) 58%9163 or (800) 922-9537 FAX (570) 587-9134-9135 CRAWFORD COUNTY CUMBERLAND COUNTY Greater Eric Community Action Committee 18 West 9m Street Erie, PA 16501 (814)459-4581 FAX (814) 456-016I Shenm~go Valley Urban League, ~c. 601 Indiana Avenue Farr~[[, PA 16[21 (412) 981-5310 Financial Counseling Services of Franldin 31 West 3~ S~rcet Wayne~boro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 · (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 13%143 Carlisle SL Getts'sburg, PA [7325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23. JUNE 8, 1999 BE~NNIFlG at · point on the southern line of Cocklin Street, said point being at the dividing line between L,o~s ]qos. 97 ~Lnd 98 on the hereinafter mentioned PLan of L~L~; thez~ce continuing along the southern llne of* CockJln Street on a curve to the Fight having · radius of 17S Feet, n~ nr~ length oF 112.30 Feet to x point; thence along thc same South 70 degrees 28 minutes r*-% Mo and eighteen hundr~ndth$ (7-18) Feet tn a point; the·cc along the same on · curve to the lef~ having · radius or 22S Feet, an arc length of 164.28 Feet to a poiat~ thence along the same Noflh 6? degrees 42 line of Cock]in Street, the place al* lJ~-GIN~HqG. HA~;'ZNG thereon erected a single brick and aluminum ranch-~ype dwelling with one-c~r gar-age, known and numbered as ?0g CacJthn Street. Parcel# 17-24-07g~- 199 Together with all and singular the buildLn~ ·ad improYe~e~ts, ways. stre~.s, alleys, driveways, passa~s, wa~ra, w~ee-comles, flairs, lib~rt, ies. privileges, hereditame~ts and sppummances, what. soever unto ~e he~b~ l~ranted pl~rnis~l be:lo~in~, or ht anywise appertalinin~. ~ld th~ revcr~i~s and rema~a~, re~t.s, issues, VERIFICATION ADAM STYERS hereby states that he is ASSISTANT VICE PRESIDENT of WASHINGTON MUTUAL HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he 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 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 unswom falsification to authorities. ADAM STYB S A~T. VICE pR~EIqT © FEDERF~N AND PHELAN, L.L.P. BY: FRlkNK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL HOME LOANS, 539 SOUTH 4TM AVENI/E LOUISVILLE, KY 40202 INC. vs. SCOTT R. KIIHN 708 CONKLIN STREET MECHANICSBURG, PA 17055 Plaintiff Defendants (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM: NO: 01-3375 CUMBERLAND COUNTY SUGGESTION OF RECORD CHANGE DEFENDANT'S ADDRESS TO THE PROTHONOTARY: FRANK FEDERMAN, certifies that, to belief the address listed as: ESQUIRE, attorney for the Plaintiff, hereby the best of his knowledge, information and of the mortgaged premises was erroneously 708 CONKLIN STREET MECHANICSBURG, PA 17055 The correct address for the mortgaged premises is: 708 COCKLIN STREET MECHANICSBURG, PA 17055 Kindly change the information on the docket. Frank Federman, Esquire Attorney for Plaintiff SHERIFF' S RETURN - REGULAR CASE NO: 2001-03375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHNIGTON MUTUAL HOME LOANS VS KUHN SCOTT R BRYAN D WARD , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KUHN SCOTT R DEFENDANT , at 1400:00 HOURS, at 708 CONKLIN STREET MECHA/qICSBURG, PA 17055 SCOTT R KUHN a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 27th day of June by handing to the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before methis dayof ~(~ · ~p(~ A-D' So Answers: R. Thomas Kline 06/28/2001 FEDERM3~N & PHELAN By: De/p~ t y~he r~f f' FEDERM.4N AND PtlEL~, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC. Plaintiff Vs. SCOTT R. KUHN Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-3375-CIVIL TERM PRAECn~E TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 13 bankruptcy was filed on APRIL 18, 2001, which invalidated the complaint. Date Frank Federman Attorney for Plaintiff