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Home My WebLink About06-2904 ''"''''IIIl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL Division <-....-- Case Nwnber: Of.s, -2.96<{ Ciu;[ IEP-Yvj Type of Pleading VS Complaint in Mortgage Foreclosure STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS Code and Classification: CERTIFICATE OF LOCATION Filed on Behalf Of: Plaintiff 1220 MITCHELL DRIVE MECHANICS BURG, P A 17050 Counsel of Record: PARCEL No: 19-23-0569-021 Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, P A 15061 (7 233 BOROUGH OF MECHANICSBURG By: ANIEL J. MANCINI, ESQ. PA LD. No. 39353 \;.) o~~IUf O~)D "...11II Daniel Mancini & Associates Daniel 1. Mancini. Esq., P A Bar 10: 39353 201 A Fairview Drive Monaco, P A 15061 (724) 728-4233 mancinilawfinn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL ACTION - LA W CASE NO VS MORTGAGE FORECLOSURE STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS 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 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. Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 . Daniel Mancini & Associates Daniel 1. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaco, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL ACTION - LAW CASE NO VS MORTGAGE FORECLOSURE STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS 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 WRlITEN VERIFICATION THEREOF; OTHERWISE, TIlE 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 UNTI THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH TIlE 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 TIlE 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 E UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOU CONS TAN AITORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLlGA IONS IN T IS SUIT. . DWliel Mancini & Associates Daniel J. Mancini, Esq., PA Bar!D: 39353 201 A Fairview Drive Monaca, P A 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MONUMENT STREET FUNDING, LLC PLAINTIFF VS CIVIL ACTION - LAW c.,..., CASE NO Cio - ;;:=t6L.( CeoE L 02-f MORTGAGE FORECLOSURE STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is: MONUMENT STREET FUNDING, LLC, whose address is c/o Mancini & Associates, 201 A FAIRVIEWDRlVE, MONACA, PA 15061. 2. Defendants are STEVEN M. THUMMA and CYNTHIA S. THUMMA, whose last known address is 1220 MITCHELL DRIVE, MECHANICSBURG, PA 17050. STEVEN M. THUMMA and CYNTHIA S. THUMMA are the mortgagors and the recorded owner ofthe mortgaged property hereinafter described. 3. On or about, MAY 8, 2001, STEVEN M, THUMMA and CYNTHIA S. THUMMA executed and delivered a mortgage upon the premises hereinafter described to HOMEGOLD, INe. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County in Mortgage Record Book 1706, Page 47. Said mortgage was then assigned to W ACHOVIA BANK OF DELAWARE, NATIONAL ASSOCIATION, and was recorded at MBV 711, Page 708. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, MONUMENT STREET FUNDING, LLC is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 1220 MITCHELL DRIVE, MECHANICS BURG, PA 17050, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due DECEMBER 14,2005, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 1 Unpaid Principal Balance $ 133,616.22 Delinquent Balance, including Interest at $35.51 per diem From 11/14/05 to 05/17/06 (based on contract rate of9.70 %) $ 6,347.21 Rec. Corp. Adv. Total $ 000.00 $ 2,429.71 $ 1,650.62 $ 00.00 $ 6.680.81 $ 150,724.57 Escrow Advance Accrued Late Charges Bad CK Fees Attorney's Fee .. Together with interest at the per diem rate noted above after DECEMBER 14,2005 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice ofIntention to Foreclose under Act 6 of 1974 has been sent to each defendant on JANUARY 17,2006, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualifY for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure 'IN REM' for the aforementioned total amount due together with interest e rate of 9.70 % ($ 35.51 per diem), together with other charges and osts inc ding escrow advances incidental thereto to the date of Sheriff's Sale and for forecl ure and sal of the property within described. aniel J. Mancini, Esq. Attorney Bar: PA 39353 a5-15-'M5 18:13 ~- . ~l4u.l TllIJII\A, C:Y1ITIIIA s. T-5~ P15/2a 0-341 ElQIUlT ^ All TJl.\T mmr _ElTY 51Tl/ATED IN THE ._Glf OF 11I"""',<..... " .... cOllI'" Of WMUl.faND AND C"""ItNIo'~ TH afl re...SnYMJ^. InM' HOlE IULLT II.KIII.ED IN A FEE SDI'p'Le DeED 1A1BJ 01/21/2000 AlII RECOUfD D1I2112ooD. NlD. TN' LAlt REtOUS OF THE CC1wm' AND STATE SET PORTH AlGVE. tll \'OUJI'l1! 215 PASE :UT. TAX 'MtEl ID: 1'-23-05<<1.121 AlDIt!SS~ 1220 mTOfl!!LL DR. IfECHAlXtU,. PIt. 17050 .......81 06/15/2006 9:10AM (GHT-O~:OO) Daniel Mancini & Associates Daniel 1. Mancini, Esq., PA Bar 10: 39353 201 A Fairview Drive Monaco, PA 15061 (724) 728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL ACTION - LAW CASE NO VS MORTGAGE FORECLOSURE STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney 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 unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 17th Day of May, 2006 Dame 1. Mancini, Esq. Attorney Bar: Pa 39353 ~ "" ~ 0 (") C.::3 c: C,:::) ~ ?C) ;. (fl ~- ...... ::n:; :I:..." ~ If'l :;:,... rfIF -<. -e(II - -{jC? 111 u:> ~-~-:~~?\ - .?; C) -Q _::,:'0 -,r' _....0 ~ ...c ~ -- :~~?\rn ".' ~ - c;; f":? ,~ ~ :::'~ N ~p -<- 0' ""' ~ 1- f - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL Division Case Number: 06-2904 Civil Term Type of Pleading VS Praecipe to Settle and Discontinue Case in Mortgage Foreclosure STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS Code and Classification: CERTIFICATE OF LOCATION Filed on Behalf Of: Plaintiff 1220 MITCHELL DRIVE MECHANICSBURG, PA 17050 Counsel of Record: BOROUGH OF MECHANICSBURG Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 Q By: DANIEL J. MANCINI, ESQ. PA LD, No. 39353 PARCEL No: 19-23-0569-021 . -- Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar 10: 39353 201 A Falrview Drive Monaca, PA 15061 (724) 728-4233 mancinilawflrrn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MONUMENT STREET FUNDING, LLC PLAINTIFF CIVIL ACTION - LAW CASE NO: 06-2904 Civil Term VS MORTGAGE FORECLOSURE STEVEN M. THUMMA and CYNTHIA S. THUMMA DEFENDANTS PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A.1. ---- The within suit is Settled, Discontinued, Ended and costs paid. 2. --- The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. -X- the within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. D~ Signature of authorizing party Date: June 7.2006 WITNESS {if signer is other than a registered attorney}: Gr Notary Daniel J. Mancini, Esa. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES n L'~ - Signature - , o S' ...., = ''::"_J "" r_ c;": ;;]:: o -'1 'Ti !T1 f!d -,)]8 ~; cL., :'jij -. ('"""") rirn ,-=( 55 "" I '-0 '"' ::;: ,-- -::-~ t;:> r\} -:I --<; . ... SHERIFF'S RETURN - REGULAR CASE NO: 2006-02904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONUMENT STREET FUNDING LLC VS THUMMA STEVEN M ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THUMMA STEVEN M the DEFENDANT , at 1757:00 HOURS, on the 30th day of May , 2006 at 1220 MITCHELL DRIVE MECHANICSBURG, PA 17050 by handing to STEVEN M THUMMA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.92 .00 10.00 .00 35.92 So Answers: :r'~~ R. Thomas Kline 05/31/2006 DANIEL MANCINI day ~~~ By: I _ ~ c/,* D u y She ff Sworn and Subscibed to before me this of A.D. . . SHERIFF'S RETURN - REGULAR CASE NO: 2006-02904 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MONUMENT STREET FUNDING LLC VS THUMMA STEVEN M ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THUMMA CYNTHIA S the DEFENDANT , at 1757:00 HOURS, on the 30th day of May , 2006 at 1220 MITCHELL DRIVE MECHANICSBURG, PA 17050 by handing to STEVEN M THUMMA, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: "..~/'; A~ ;/ / ,,:7" .59~/~,f ~ R. Thomas Kline 05/31/2006 DANIEL MANCINI Sworn and Subscibed to By: r~/?f/%- Dep y Sher' f before me this day of A.D.