Loading...
HomeMy WebLinkAbout06-5860 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 141393 WASHINGTON MUTUAL BANK, F.A., SIB/M TO WASHINGTON MUTUAL HOME LOANS, INe., FIKIA PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MIL W AUKEE, WI 53224 A TTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM "'"--.......- NO. Ot. - 1;;1',6 Cc-o'..L I t4..~ v. CUMBERLAND COUNTY PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, P A 17013 Defendant CML 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 LA WYER, 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 INFORMA nON 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 #: 141393 File #: 141393 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, F.A., S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., FIK/A PNC MORTGAGE CORPORATION OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: PAMELA A. DUNKLEBERGER 103 PETERSBURG ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/081l997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1399, Page: 68. By Assignment of Mortgage recorded 021l6/1999 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 603, Page 723. 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 06/01/2006 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 #: 141393 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2006 through 10/04/2006 (Per Diem $12.35) Attorney's Fees Cumulative Late Charges 08/08/1997 to 10/04/2006 Cost of Suit and Title Search Subtotal $60,101.76 1,938.95 1,225.00 47.48 $ 550.00 $ 63,863.19 Escrow Credit Deficit Subtotal TOTAL - 407.27 0.00 $- 407.27 $ 63,455.92 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 $ 63,455.92, together with interest from 10/0412006 at the rate of $12.35 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 '7-- J~ By: IsIFrancis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141393 LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Petersburg Road at corner of land now or formerly of Bethel Church; thence along the Petersburg Road, a distance of 105 feet, more or less, to a point and line of land now or formerly of Sherwood G. Kepner and Lois Ann Kepner, his wife; thence at right angles to said Petersburg Road in a northeasterly direction, a distance of 140 feet, more or less, to a pipe and lands now or formerly of Lloyd Brenneman; thence in an easterly direction along lands now or formerly of Lloyd Brenneman, Duncan and Bethel Church, a distance of 175 feet, more or less, to a point on the Petersburg Road at the Place of BEGINNING. IT BEING part of Lot No. 10, Section 'D' of the Plan of Lots known as 'Bonny Heights', as recorded in the hereinafter named Recorder's Office in Plan Book No.2, Page 51, and is improved with a dwelling house which has the mailing address of 103 Petersburg Road, Carlisle, Pennsylvania 17013. THE ABOVE-described property is all of the property which Janet M. Danner, a single adult individual, by deed dated November 5, 1986 and recorded November 5, 1986 in the Office ofthe Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 'H', Volume 32, Page 162, granted and conveyed to Janet M. Danner and Luther Earl Markley, as joint tenants with the right of survivorship and not as tenants in common, they being father and daughter. THE SAID Luther Earl Markley, who was also known as Luther E. Markley, having died on April 9, 1988, title to the above-described premises remained vested by operation of law solely in his daughter who survived him, who was Janet M. Danner, and whose Executor is the Grantor herein. File #: 141393 J ' I . VRRlFTC;A TION 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. 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. 2JL DATE: JD /1/ ~ I FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ r-."l 0 ~ Q C? '"1"1 (.~:,: )0 ~ u.., l..... c~;..-". '4 1 ..: c' --C-n If) - ! C-) n1f':':': n; , ~:J ~ (.'1 ( " " --~ i ~ () -a (~) ........ -'- .r-n ;..). ~ ~ L) ~'=1 ~-""'" () ,1.- :!J~ ~ .............. ...0 "(:) !:::{? --:E PHELAN HALLINAN & SCHMIEG, LLP \ BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A., s/b/m to Washington Mutual Home Loans, inc., f/k/a PNC Mortgage Corp. of America ATTORNEY FOR PLAINTIFF : Court of Common Pleas Plaintiff Civil Division vs. Pamela A. Dunkleberger Defendant( s) Cumberland County : No. 06-5860 C.T. 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: III riD ~ ~ f')1~~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 141393 ~ = 0..... _""fI/' ..,:~~ c:~ ~- 1 \.0 -0 :J.:~ o ..... -1 "J_-r1 fI'e:, -O\,...!..J, -n"( :')~i\ ) -', "s'fl .:., '::::', '";;>- ~ r:.;> N Ci" SHERIFF'S RETURN - REGULAR CASE NO: 2006-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK F A VS DUNKLEBERGER PAMELA A VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DUNKLEBERGER PAMELA A the DEFENDANT , at 2055:00 HOURS, on the 16th day of October , 2006 at 103 PETERSBURG ROAD CARLISLE, PA 17013 by handing to PAMELA A DUNKLEBERGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ Sworn and Subscibed to 18.00 4.40 .00 10.00." .00 32.40 V IIID!/D~ .r~~~<~ R. Thomas Kline 10/17/2006 PHELAN HALLINAN SCHMIEG By: j1~. )/~- Deputy Sheriff before me this day of A.D.