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Home My WebLink About04-5136 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A., SIlII TO HOMESIDE LENDING, INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO.Q4 -SI3k. eiu~tr~ CUMBERLAND COUNTY v. DONNA M. BERDNICK 457 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 MAYBE 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 #; 98931 File #: 98931 l}' 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. 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. 1. Plaintiff is WASHINGTON MUTIJAL BANK, FA, S/lII TO HOMESIDE LENDING, INe. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: DONNA M. BERDNICK 457 WEST MAIN STREET . WALNUT BOTTOM, PA 17266 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/20/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BARNETT MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1439, Page: 500. By Assignment of Mortgage recorded 9/14/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 588, Page 256. 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 04/01/2004 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 al! interest due thereon are col!ectible forthwith. File #: 98931 6. The following amounts are due on the mortgage: Principal Balance Interest 03/0 l/2004 through 10/08/2004 (Per Diem $13.41) Attorney's Fees Cumulative Late Charges 03/20/1998 to 10/08/2004 Cost of Suit and Title Search Subtotal $65,280.93 2,977.02 1,250.00 122.20 $ 550.00 $ 70,180.15 Escrow Credit Deficit Subtotal 0.00 537.20 $ 537.20 TOTAL $ 70,717.35 7. 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. 8. The mortgage premises are vacant and abandoned. 9. Plaintiff hereby releases PETER BERDNICK from liability for the debt secured by the mortgage. 10. By virtue of the death of PETER BERDNICK on 1 l/27/2000, DONNA M. BERDNICK became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,717.35, together with interest from 10/08/2004 at the rate of$13.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~~D ~HELAN, J-L}' If ;1 By: /s;lla~~,6iM-- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98931 ALL !hat certain lot of land wllh tIlt\ ImprOVQrnantll lhereon slll.teta in South Nowton T<lWI'1lIhip, Cumberland County, PennS)'lvanla, bounded and UGsc:Iibe<l as fgl!Qws: BEGINNING at ~ rullroad spike In the ClilIU6rUl'Ie of Panl1$flvanJa Route No. 174 (LR. No. 35), slso known as Wllltllll Bottom Road, Illld point being 312.93 foeti/) a l1OI'lheaslWafl:lly <llredlan alOl1lllhe centarllne of ssld publiC road from lIS in!a(SeCllorl with the centerline of L.R. 21007; Iham:a 1I101'lg lhe eentarlina of Plll'ln~ Rou\9 No_ 174. Norll'l44 dearaas 47 mil'lUlall15 SlICllndS East, a d'l5lance 0'221.82 feat 10 iii ",llroad spike; lh9l1C6 by the dividing line between Lots NOlL 2 and 3 on the hereinafter monlioned Plan of lots, South 4S deQ/'lles 3S minutes 12 8f1QQ1U1s EaG!, a elistEll1CC of 292.51 feel to an ltotl pin; lMnca by !he nonham fiQltt-of..way Una Of the RaEldln9 Rwlrcad (90 faal wida), South 54 Q8gl'llllll 49 mlnulllS 25 SeCll1ld5 Wasl, a distllnce ot 225.53 faet Ie an iron pin; 1h1ll1C8 by lI1e "Melina line belwe<lo LQts NCI:I. 1 and 2 on said plan, North 45 degrees 35 mlnutBS 12 sllCOl1ds WtI$f, e dlslllt\Cft of 253.31 feet to a pOlm, the Placo of BEGINNING. CONTAINING 1.3900 SCIll$ aCCOOling 10 iii sutldivislOl'l plsn by Carl P. Bet!, R.S., dated ApIiI22, 1971, recoRfad AugulSl17, 19n In Cumberland County Plan Book 30, Page 148, 'lfld being deslgAAtad as Lot No. 2 ther60n. SelNG the sama pl'Qp8tty whlctl Cathy lee Clites end W,,"am Clites, co- a.tewtofll of the eslala of Mhl.r H. Stone, granlllCl and ctlnveyed /0 K/lMalh M. Winebrenner and SUSan M. Wlnebl'llnner. his wife, grantors herelo, by deed d<<1ad March 16, 1993. and reoorded in l/18 Ofliea of the R~ of [)Gads for Cumb8l'land CoU1ll)l, Pennsylvania. In 088<1 l3cck 'F', Volume 36, Pal/" 275. PREMISES BEING: 457 WEST MAIN STREET. . VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. F~~ll~i{# - - Attorney for Plaintiff DATE: '0- ~.{)C( to (J -lQ. #- ~ Irj ~ '- ~ lrt G Crt t: -- C> ~. .::; ti"- ff! ,~ -, ~ ~ .......j ~ ~ ,.,- r'o._:1 " .. -- l., ,~; PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., ld. No. 32227 Francis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., ld No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., S/IfI TO HOMESIDE LENDING, INC. Plaintiff Court of Common Pleas CUMBERLAND County No. 04-5136 C.T. Vs. DONNA M. BERDNICK Defendant(s) PRAECIPE 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 07 bankruptcy was filed on 10/06/04, which invalidated the complaint. ,;2 / If) IfJti f l ~ Date By: ;J~~,.,I~ 5);/~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff --- -0 ,~ ('. ~ ::F' () ~ o , -'<" ;:;..-, ~ l "'l'\ ~ -\ .....- IJ'. ~ (j:) .- -. C5" 111 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05136 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS BERDNICK DONNA M R. Thomas Kline ISheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BERDNICK DONNA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE I NOT FOUND I as to the within named DEFENDANT I BERDNICK DONNA M 457 WEST MAIN STREET WALNUT BOTTOM I PA 17266 HOUSE IS VACANT. DEFENDANT'S FORWARDING ADDRESS IS 181 W STAFFORD ROAD STAFFORDSPRINGS, CT 06075. Sheriff's Costs: Docketing Service Not Served Surcharge 18.00 14.06 5.00 10.00 .00 47.06 So a~s~~ersr~~~ >6~~~"...... ~ R. Thomas ~ine Sheriff of Cumberland County /:- FEDERMAN & PHELAN 10/28/2004 Sworn and subscribed to before this 'Ie day of (Lu7 I me cXfJV<:! A. D. ~-Q~~ Pr h notary I