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Home My WebLink About02-3133HOMESIDE LENDING, INC. Plaintiff VS. RICHARD MUMMA A/K/A RICHARD LEE MUMMA, SR. AND SHIRLEY MUMMA A/K/A SHIRLEY LEE MUMMA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or properly 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVIS,O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 7t7-249-3166 HOMESIDE LENDING, INC., Plaintiff VS. RICHARD MUMMA A/KJA RICHARD LEE MUMMA, SR. AND SHIRLEY MUMMA A/K/A SHIRLEY LEE MUMMA, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attomey is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiffand mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LEDING, 1NC. Plaintiff VS. RICHARD MUMMA A/K/A RICHARD LEE MUMMA, SR. AND SHIRLEY MUMMA A/K/A SHIRLEY LEE MUMMA, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURe. 1. Plaintiff, HOMESIDE LENDING, INC., is a Corporation, with an address of 8120 Nations Way, Jacksonville, Florida 32256. Defendant, RICHARD MUMMA A/KJA RICHARD LEE MUMMA, SR., is an adult individual, whose last known address is 179 WILLOW MILL PARK, MECHANICSBURG, PENNSYLVANIA 17005. Defendant, SHIRLEY MUMMA A/K/A SHIRLEY LEE MUMMA, is an adult individual, whose last known address is 179 WILLOW MILL PARK, MECHANICSBURG, PENNSYLVANIA 17055. On or about, April 19, 2000, the said Defendants, executed and delivered a Mortgage Note in the sum of $90,000.00 payable to HOMESIDE LENDING, INC., which Note is attached hereto and marked Exhibit Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1608, Page 54 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 179 WILLOW MILL PARK, MECHANICSBURG, PENNYSLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $22.53 per day From 03/01/2002 To 08/01/2002 ( based on contract rate of 9.375%) Accumulated Late Charges Late Charges $37.43 From 04/01/2002 to 08/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $87,730.64 $4,145.52 $149.43 $224.57 $0.00 $4,386.53 $93,636.69 **Together with interest at the per diem rate noted above after August 01, 2002 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 amd Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members 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. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.375% ($22.53 per diem), together with other charges and costs including escrow advances incidental thereto to the date o~heriff's Sale and for foreclosure and sale of the property within described. .~//~ By: /"f PURCELL,~U~ IS~A~L'~ER Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs175150.tit (1696x280'0x2 ti~) [3] NOTE Hs175150.ti~ (1696x2860x2 titt) [4] Hs175150.tit {1696x2800x2 tit~) COMPANY NAME: H~,,~ m'm~, mc. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated a,m 27, 2002 By ~y~/~ ~ -- Title l'ra¢¥'dohnson Vim Pr~mt HOMESIDE LENDING, INC., Plaintiff VS. RICHARD MUMMA A/K/A RICHARD LEE MUMMA, SR. , AND SHIRLEY MUMMA A/K/A SHIRLEY LEE MUMMA, De f endant s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 03133 IN MORTGAGE FORECLOSURE .P R A E C I P F, TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER Sy:~~ Leon Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: July 16, 2002 SHERIFF'S RETURN - REGULAR CASE NO: 2002-03133 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS MUMMA RICHARD ET AL DAWN KELL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MUMMA RICHARD A/K/A RICHARD LEE MUMMA SR DEFENDANT , at 2100:00 HOURS, on the at 179 WILLOW MILL PARK RD Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of July , 2002 MECHANICSBURG, PA 17055 RICHARD MUMMA by handing to 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: So Answers: Docketing 18.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.90 Sworn and Subscribed to before me this 2~,~ _ day of - ~~ ~7_~ A.D. P~othonotary ~ ' ~ 07/08/2002 PURCELL KRUG HALLER Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-03133 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL~iqD HOMESIDE LENDING INC VS MUMMA RICHARD ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUMMA SHIRLEY A/KA SHIRLEY LEE MUMMAthe DEFENDANT , at 2100:00 HOURS, at 179 WILLOW MILL PARK MECHANICSBURG, PA 17055 SHIRLEY MErMMA a true and attested copy of COMPLAINT on the 5th day of ~uly , 2002 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service . 00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 07/08/2002 PURCELL KRUG HALLER Sworn and Subscribed to before me this ~ day of ~,l~ ~_~ A.D. ' ~rothonotary ' By: Deputy Sheriff