The URL can be used to link to this page

Home My WebLink About02-1470Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5966390626 WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. THE ESTATE OF MICHAEL G. GOSSERT KNOWN AND UNKNOWN HEIRS, DEVISEES AND / OR PERSONAL REPRESENTATIVES OF MICHARL G. GOSSERT 13 SOUTH QUEEN STREET SHIPPENSBURG, PA 17257 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. EQcQ-J/frT/~ COMPLAINT - CIVIL ACTION 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 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 Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5966390626 WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA 945 ! CORBIN AVENUE NORTHRIDGE, CA 91324 PLAINTIFF, VS. THE ESTATE OF MICHAEL G. GOSSERT KNOWN AND UNKNOWN HEIRS, DEVISEES AND / OR PERSONAL REPRESENTATIVES OF MICHARL G. GOSSERT 13 SOUTH QUEEN STREET SHIPPENSBURG, PA 17257 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA, with its principal place of business located at 9451 CORBIN AVENUE NORTHRIDGE, CA 91324. 2. The names and last known addresses of the Defendants are: THE ESTATE OF MICHAEL G. GOSSERT KNOWN AND UNKNOWN HE1RS, DEVISEES AND / OR PERSONAL REPRESENTATIVES OF MICHARL G. GOSSERT, P.O. BOX 560 SHIPPENSBURG, PA 17257. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about JANUARY 16, 1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 16, 1998 DATE RECORDED: JANUARY 23, 1998 BOOK: 1427 PAGE: 1142 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A tree and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about JANUARY 16, 1998, in consideration of their indebtedness to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., THE ESTATE OF MICHAEL G. GOSSERT KNOWN AND UNKNOWN HEIRS, DEVISEES AND / OR PERSONAL REPRESENTATIVES OF MICHARL G. GOSSERT made, executed and delivered to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. their promissory Note in the original principal amount of $35,000.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. ASSIGNEE: PNC MORTGAGE CORPORATION OF AMERICA, MERS AS NOMINEE DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: JANUARY 4, 2001 BOOK: 663 PAGE: 722 7. The Mortgage is secured by property located at 13 SOUTH QUEEN STREET SHIPPENSBURG, PA 17257, which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due OCTOBER 1,2001 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit 2 (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance 7.875% interest from SEPTEMBER 1, 2001 to MARCH 21, 2002 at $6.46 per day Accrued Late Charges Other Fees Attorney!s Fees TOTAL AMOUNT DUE $29,938.06 $1,304.92 $79.68 $67.60 $2~829.50 $34,219.76 Interest continues to accrue at the per diem rate of $6.46 for every day after MARCH 21, 2002 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 12. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), and the notice provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose Mortgage and Act 91 notice to Defendants, dated JANUARY 12, 2002. Defendants have failed to cure the default and Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 3 13. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after MARCH 21, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE 4 VERIFICATION I, BONNIE DAHL, verify that I am the attorney for the plaintiff in this action and that the foregoing Amended Complaint in Mortgage Foreclosure is tree and correct to the best of my knowledge, infommtion and belief. I make this verification in lieu of WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. DP/TE: v Attomey for Plaintiff EXHIBIT ,A, (mmod~a~v pdor hc~o) d the Offle~ of dso A ~,btet, Cb'i[ m' KKord~' c~ or ~ ~ d~ Mo~p. 'O1,;fiN ~ fl~ll~O the A.g$?. $~CRETARy itc author~aed eL~ner, ~o~ $?A78 oR CAbIrORNIA COUNTY OP LOS On 10/01/~0~0 beware me, M, ~B~T ~he gota~ Public, peraonaLly appeared JORG~ , ~ho ~kn~le~ed to be the VIeR and ~ h~ ~CABAb~ the A~T. ~ ~ , do ~rcity C~aC the ~. addrea~ ~ the asni~ Nationwide Title Cleerl~v ~:'~ .... ~'~[~ ~le.~tdal~, ~ 91203 ~ ~e~ · a00r. 663 ~',~GE ?22 EXHIBIT · B , ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF SHIPPENSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIHPLE DEED DATED 01/16/1998 AND RECORDED 01/23/1998, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 171 PAGE 182. TAX PARCEL ID: 32-33-1869-083 ADDRESS: 13 S. ~UEEN STREET SHPPENSBURG, PA 17257 EXHIBIT 'C' PRACTICES ACT, (the Act') 15 U.S.C. SECTION 1601 AS AMENDED 1. This law finn may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all infom~ation obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiffas named iii the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of tbe mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in?riting the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law finn in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law fim~ will obtain a verification of the debt'and a copy of the verification will be mailed to the debtor by. the creditor's law firm. 6. If the creditor named as Plaintiffin the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law finn. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-01470 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS GOSSERT MICHAEL G ESTATE OF R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GOSSERT MICHAEL G ESTATE OF HEIRS DEVISEES PERSONAL REPS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT HEIRS DEVISEES PERSONAL REPS NOT SERVED , as to , GOSSERT MICHAEL G ESTATE OF HOUSE VACANT. NO ADDRESS CHANGE AT · POST OFFICE Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit. .00 Surcharge 10.00 .00 41.80 SHERIFF OF CUMBERLAND COUNTY SPEAR & HOFFMAN 04/03/2002 Sworn and subscribed to before me Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560 Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS INC. F/K/A PNC MORTGAGE, ATTORNEY IN FACT FOR PNC BANK, NA PLAINTIFF, VS. THE ESTATE OF MICHAEL G. GOSSERT KNOWN AND UNKNOWN HEIRS, DEVISEES AND / OR PERSONAL REPRESENTATIVES OF MICHARL G. GOSSERT DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-1470 CIVIL PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above-captioned matter. SPEAR AND HOFFMAN, P.A. SHERIFF'S RETURN - CASE NO: 2002-01470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS GOSSERT MICHAEL G ESTATE OF OUT OF COUNTY R. Thomas Kline , 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 , to wit: GOSSERT MICHAEL G ESTATE OF HEIRS DEVISEES PERSONAL REPS but was unable to locate Her in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On June 27th , 2002 , this office was in receipt of the attac~ed return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 .00 66.25 06/27/2002 SPEAR & HOFFMAN R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ,~ A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Han'isburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chie~ Deputy Commonwealth of Pennsylvania : WA~HINOTON ~ H0~ ~0~'qS INC County of Dauphha : S~m-~T S~S~ ~ Sheriff' s Return No. 1133-T - -2002 OTHER COUNTY NO. 02-1470-CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for SHUGHURT SUSAN N the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same HOT FODND, June 18, 2002 EXPIRED BEFORE DEFENDANT COULD BE SERVED. Sworn and subscribed to before me this 18TH day of JUNE, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 05/03/2002 RCPT NO 163898 In The Court of Common Pleas of Cumberland County, Pennsylvania Washin§ton Mutual Home Loans, Inc. VS. The Estate of Michael G. C~ssert et al SERVE: Susan N. Shughart NO. 02 1470 civil Now, .. r~a¥ ;/, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of gaughin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ~qOW~ within Affidavit of Service ,20 , at o'clock M. served the upon at by handing to a and made l(nown to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA