The URL can be used to link to this page

Home My WebLink About04-5682 FEDERMAN PHELAN, LLP 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. SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MIL W AUKEE, WI 53224 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. f,V/-- .5&>~;2. cW CUMBERLAND COUNTY v. KERRY SPONG PAMELA SPONG 472 SPRUCE ROAD NEW CUMBERLAND, P A 17070 Defendants 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 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, P A 17013 (800)990-9108 File #: 98390 File #: 98390 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 OBT AIN 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 THA T 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 HA VE 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 MUTUAL BANK, F.A. SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: KERRY SPONG PAMELA SPONG 472 SPRUCE ROAD NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/07/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1370, Page: 7906. 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 05/01/2004 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 all interest due thereon are collectible forthwith. File #: 98390 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2004 through 11/09/2004 (Per Diem $24.52) Attorney's Fees Cumulative Late Charges 07/07/1999 to 11/09/2004 Cost of Suit and Title Search Subtotal $113,638.00 5,467.96 1,225.00 174.00 $ 550.00 $ 121,054.96 Escrow Credit Deficit Subtotal - 662.60 0.00 $- 662.60 TOTAL $ 120,392.36 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. 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. 9. 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 $ 120,392.36, together with interest from 11/09/2004 at the rate of $24.52 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. FEDER ANPHELA~ // #/ By: /s rancis S. Hallina~ f ______ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98390 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Township of Fairview, County of York and State of Pennsylvania, more particularly bounded and described in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated May 21, 1974, as follows: BEGINNING at a point on the North side of Spruce Road (50 feet wide) as shown on the hereinafter mentioned plan of lots; at the dividing line between Lots Nos. 23 and 24; thence along said last mentioned dividing line North 15 degrees 50 minutes East a distance of 135 feet to a point at land now or formerly of Effie Snyder; thence by said last mentioned land, South 74 degrees 10 minutes East a distance of 150 feet to a point; thence South 15 degrees 50 minutes West a distance of 135 feet to the northerly line of Spruce Road; thence along Spruce Road North 74 degrees 10 minutes West a distance of 150 feet to Lot No. 24 on said plan, the place of BEGINNING. BEING all of Lot No. 23 and the western 60 feet of Lot No. 22 on the plan of Green Hills, recorded in York County in Plan Book T, Page 541. HAVING THEREON ERECTED a one-story frame and perma-stone dwelling house. Being Known As: 472 Spruce road ~t... ".A'Lt'..., .'.::~. ..,""-,.",; ~"''''''''~_''c.._......~,,,,. . .' ~;,.",.f74".~~- " . .... ~~.., ':"~'~~', .. I . '~..'". .,.~~'I\<.~.~........ :~~,.i1!~~~.:._. .:' . ~':.1I.....:-~4;~' ..:;...:.,. " ....~IG ," . ~i......~.,...:,:..w.'r..It_N"":~. ,...~~~: l.-~'ftt,~~;~~~_~~,~(:'~ {" .~..;":" VERIFICA nON 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. bi:uin~# Attorney for Plaintiff DATE I /9-0 C( . ~ ~ ~ n N ~ c.;:;) 0 (- t''''':';') ~n ..c- ~ ~~ .,)" _. ::::l ~, II t, C'} r~"i?:! "- ~ .. ..~,: -orn ~ N ~,"JO \ ,-1 I ~ ~ \~~ -J ':-~iq, " -~,'" ~,:;-~~,~\ -'~'" ~ '~" .' fS5 ., ,j "", " ,...-\ ~ ).~ ~. :;J -'"- 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. SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA Plaintiff Court of Common Pleas CUMBERLAND County No. 04-5682-CIVIL VS. KERRY SPONG PAMELA SPONG Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND E~ TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. ~ilJ-.! fJ5' Date BY.~<?~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff (> SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTAL BANK VS SPONG KERRY ET AL R. Thomas Kline I Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT I to wit: SPONG KERRY but was unable to locate Him In his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 31st I 2005 , this office was In receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 85.00 .00 122.00 01/31/2005 PHELAN HALLINAN So ~~;-;::~::::::::..::;:...~:...._.________ ~ -'/~-."~~ R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this ,:h II ~ day of J~ Joor: A.D. .../) ~Q ~ ~ L-f1 Prothonotary and inquiry for the within named DEFENDANT I to wit: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTAL BANK VS SPONG KERRY ET AL R. Thomas Kline I Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and SPONG PAMELA but was unable to locate Her In his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvaniar to serve the within COMPLAINT - MORT FORE On January 31st I 2005 r this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/31/2005 PHELAN HALLINAN So answers: _7 ~:.-'~~?:~-.'~~"~t::,~---_;;3~ ---/ R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this //[V day of J"vl--L; 'J -' c;L1JV,) A. D. ~ () ~. ~ Prothonotary I ~ COUNTY OF YORK 1 of ~ OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYfJE ONLy LINE 1 THRU 12 DONaT DETACH ANY COPES 1 PLAINTIFFIS! Washington Mutual Bank 3. DEFENDANT/S! 2 COURT NUMBER 04-5682 civil -- 4 lYPE OF WRIT OR COMPLAINT Notice & Complaint in Fnrp("' 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERT'i' TO' BE LEVIED. ATTACHED. OR SOLO 472 Spruce Road 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. crTY. BORO. TWP. STATE AND ZIP CODE) New Cumberland, PA 17070 Fairview Twp. 7. INDICATE SERVICE' 0 PERSONAL 0 PERSON IN CHARGE .~ DEPUTIZE ~.J c.ERT MAIL,;;) U 1ST CLASS MAIL U POSTED U OTHER 04 =:lIflGer ~ 11/17 ,20_ I. SHERIFF OF ....COUNTY. PA, do hereby deputize the sheriff of York COUNTY to execute thi . ~rnake return thereof'according to law. This deputization being made at the request and risk of the plaintiff. ;'7""".,::.~;<.' .. . SHERIFF OF '-COUNTY Cumberland OUT OF COUNTY CUHBE;1LAND Thank you. <~ SERVE . AT { NOW 8. R INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE >II Please service to Cumberland C..Olmty Sheriff. ADVANCE FEE PDBY ATTY NOTE: ONLY APPUCABLE ON WRIT Of EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or attaching any property under within wnt may leave same without a watchman. in custody of whomever is round in possession. after notifying person of levy or attachment. without liability on Ihe part or such deputy or the sheriff to any plaintiff herein for any loss. desttudion. or removal of any property before sheriffs sale thereof . 9. lYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE FRANCI S ;l/J~LIAt~ 10. TELEPHONE NUMBER d\./S-5CJ3-, i'OOO 11 DATEFILED 1:1. -12 - 0/1 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice IS to be mailed) G:u'bro CUt1BEi(L!\i'1D CO SHElnFF SPACE BELOW FOR USE OF THE SIERFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DAJ~RECEI.VED or complainl as indicated above. 11 - '1 9 - 04 15. 1;1lRirationlHearing Date lL-12..04 16. HOW SERVED PERSONAL ( . ) 17. 18. POSTED ( POE( ) OTHER ( l SEE REMARKS BELOW ~~~~v r..J.. \ 23. Advance Costs 100.00 1. AFFIRMEO ~n~rsubscri~~ to before me this ~~-----:-__ 2. day of J nL .20 U .) 431~/.1i-q V (/~.~te ..2PMII"f"/ N?fARY ;'"I;JS,': ... r:..... c 48. Signature of Foreign County Shenlf I ACKNOWlEDGE RECEIPT OF THE SI1ERlfF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE WHITE - IS&U11lg Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shentrs Office 49 DATE 51 DATE RECEIVED COUNTY OF YORK OFFICE OF THE SHERIFF 2 of 2 SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S! .E { AT 2 COURT NUMBER Washington Mutual Bank 0.1-5682 duil -- 4 TYPE OF WRIT OR COMPLAINT Notice & Complaint in Kerry Spong et al Mortaaqe Foreclosure 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION, ErC TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED. OR SOLD PruTlplFl ~ng 6. ADDRESS (S EET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. TWP, STATE AND ZIP CODE) 3 DEFENDANT/S! 7. INDICATE SERVICE' 0 PERSONAL 11(17 - YOrK o PERSON IN CHARGE DEPUTIZE U CERT. MAIL I..) 1ST CLASS MAIL U POSTED U OTHER ,20 04 I, SHERIFF of~Je86NTY, PA,do hereby dePl!ti~~ the sheriff of COUNTY to execute Ih1&.vyrit:and 'make return.tfler4Of'according to law. This deputization being made at the request and risk of the plaintiff. of'" ,,">:::::;'-'>': . ,.<t'::::,,"".,.....{~ SHERIFF OF _COUNTY Clnnberland OUT OF COUNTY Thank YeHMBERLAND NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT 'RA' .AF' BLENISH.ERRYP ^ return of service to Clnnberland' CountySlterlff. ADVANCE FEE PD BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman. in custody of whomever is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. deslrudion. or removal of any property before sheriffs sale thereof. . 9. TYPE NAME and ADDRESS 01 ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED Il'l~AnCIS H/:.LLOIJAn :ZJ5~5C'3-7()OO 11-1?-Ot} 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (thiS area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF TtE SHERFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt oflhe writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above rz. ARHEN S 1.1-19 - OLf 12 -12 - Ot} 16. HOW SERVED PERSONAL (. POSTED ( POEt ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 41. AFFIRMED and subscribed to be J I i} i) ", 42.dayof'" .2Ct~43i- 1~-/d.3 40. Costs Due or Refund 23. Advance Costs 33 Costs Due or Refund Check N /:t#~ .... c, __' 48. Signature of Foreign 49. DATE County Sheriff 50. I ACKNOVlllEDGE RECEI?T OF THE SHERifF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORI.TY AND TITLE . - 1. WHITE - ISSUing Authority 2. PINK - Attorney 3. CANARY - Sherill's Office 4. BLUE - Shentrs Office