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HomeMy WebLinkAbout06-2798 , PHELAN HALLINAN & SCHMIEG, 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 134557 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C>L. -c:( "{'iF C; u L ~ ~ v. CUMBERLAND COUNTY KENNETH S. COLMAN AIKIA KENNETH S. COLEMAN SANDRA K. MASSE AIKIA SANDRA K. SHOEMAKER AIKIA SQANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, P A 17050 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THA T 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, PAl 70 13 (800)990-9108 File #: 134557 , File #; 134557 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. 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 MUTUAL BANK, FA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH S. COLMAN AIKIA KENNETH S. COLEMAN SANDRA K. MASSE AIKIA SANDRA K. SHOEMAKER AIKIA SQANDRA K. MASSE 54 NOTTINGHAM DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/26/2004 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: 1865, Page: 453. 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 12/01/2005 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 #: 134557 , 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2005 through 04/2812006 (Per Diem $23.04) Attorney's Fees Cumulative Late Charges 04/26/2004 to 04/28/2006 Cost of Suit and Title Search Subtotal $156,459.18 4,124.16 1,250.00 167.47 $ 550.00 $ 162,550.81 Escrow Credit Deficit Subtotal TOTAL - 836.64 0.00 $- 836.64 $161,714.17 7. The attorney's fees set forth above are in confonnity 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in ~ Judgment against the Defendant(s) in the sum of$ 161,714.17, together with interest from 04/28/2006 at the rate of $23 .04 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. PHELAN HALLINAN & SCHMIEG, LLP 1.,,~_., /H"~' By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 134557 . ' LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Nottingham Drive at the common front property comers of Lot No. 12-A and Lot No. 12-B as shown on the hereinafter mentioned plan of lots; thence along said right-of- way North 08 degrees 01 minute 37 seconds West, a distance of 49.00 feet to a point at the dividing line between Lot No. II-G and Lot No. 12-A; thence along said dividing line North 81 degrees 58 minutes 23 seconds East, a distance of 130.00 feet to a point; thence South 08 degrees 01 minute 37 seconds East, a distance of 49.00 feet to a point at the dividing line between Lot No. 12-A and Lot No. 12-B; thence along said dividing line South 81 degrees 58 minutes 23 seconds West, a distance of 130.00 feet to a point, said point being the Place of BEGINNING. CONTAINING 6,370.00 square feet. BEING Lot No. l2-A, Final Subdivision Plan of South field Crossing (Phase Two), prepared by Hartman and Associates, Inc., Engineers and Surveyors, and recorded on September 24,1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, Pages 131-A, B, C, D, E and F. BEING TRACT NO.1 which P.O.S.C., Inc., a Pennsylvania corporation by its Deed dated December 10, 1999 and recorded December 17, 1999 in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 213, Page 371, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. PREMISES: 54 NOTTINGHAM DRIVE File #: 134557 . . VRRTFTCA TTON 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 on 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 his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by cOWlSeI . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to WlSworn falsification to authorities. ~/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: o / }Ol~. G D -w. -,::.J i'\\. 0{ t- <.rt V(. - ~ C> 4 ~ ~ ~ ?- CI) b 6J t -../.... 2- :;,"~ ""C'\:f' Q)\Y:, "- ,] (r), , i2r... ~~. \~~ z :2 . . ~ g? :::It ~ - -' 1~ :t~ (11 f" -n-f1'} :J)C\) :.:;3~; _,.. -1" <~~~ ~~ '3 ~ 8 P' ::;: 72 &"' N ~ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Plaintiff vs. Cumberland County Kenneth S. Colman Sandra K. Masse Defendant(s) No. 06-2798 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: tlf~ ~C ~cU1&Zf'J:k&-- Francis S. Hallinan Attorney for Plaintiff PHS # 134557 ~~ :::1 ;=11 --rl 0:' -' ~-' -c" en c.....) " SHERIFF'S RETURN - REGULAR CASE NO: 2006-02798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTU~L BANK FA VS COLMAN KENNETH t ET AL J WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the withir COLMAN KENNETH Is ! COMPLAINT - MORT FORE was served upon AKA KENNETH S COLEMAN the DEFENDANT , at 1743:00 HOURS, on the 23rd day of May , 2006 at 54 NOTTING DRIVE MECHANICSBURG, PA 17050 by handing to KENNETH COLEwut a true and attrsted copy of COMPLAINT - MORT FORE together with ! I I and at the sam~ time directing His attention to the contents thereof. I I I I Sheriff I s cost/s: Docket ing I Service I Affidavit I Surcharge I I So Answers: I I Sworn and Sub$cibed to 18.00 5.28 .00 10.00 .00 33.28/' Cf- ")-1"01,, ~~~~ R. Thomas Kline OS/25/2006 PHELAN HALLINAN SCHMIEG before me thi$ day By: dv~ v Deputy Sheriff of A.D. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-02798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE~LAND WASHINGTON MUTU+L BANK FA V$ COLMAN KENNETH f ET AL , WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MASSE SANDRA K AKA SANDRA K SHOEMAKER AKA SQANDRA K MASSE the DEFENDANT " at 1743:00 HOURS, on the 23rd day of May I , 2006 at 54 NOTTING DRIVE MECHANICSBURG, PA 17050 by handing to i KENNETH COLMANt ADULT IN CHARGE a true and att~sted copy of COMPLAINT - MORT FORE together with and at the sa~ time directing His attention to the contents thereof. Sheriff's CostJs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00:/ 'l{11Io~ So Answers: . ,~ ~-? N'd ~.. .,.r::r:r":it:C~..( /. f ....((.~--.", .1"- ~"~'';'''..c - -.' R. Thomas Kline \..r Sworn and SUb~cibed to before me thi$ ! OS/25/2006 PHELAN HALLINAN SCHMIEG By: ,,~!:~ day of A.D.