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HomeMy WebLinkAbout07-0692PHELAN 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 PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148372 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67 - ?o Qo?, 1. f U C? ??1Lyy? -t CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 148372 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, 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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, PA 17013 (800)990-9108 (SEE ATTACHED ESPANOL AVISO) File #: 148372 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 File #: 148372 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. File #: 148372 I. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011-6527 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/22/1986 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CITY FEDERAL SAVINGS AND LOAN which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 814, Page: 1093. By Assignment of Mortgage recorded 02/07/2001 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 393, Page 599. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 10/01/2006 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 #: 148372 6. The following amounts are due on the mortgage: Principal Balance $30,653.80 Interest $1,276.66 09/01/2006 through 02/01/2007 (Per Diem $8.29) Attorney's Fees $1,250.00 Cumulative Late Charges $82.84 05/22/1986 to 02/01/2007 Cost of Suit and Title Search $550.00 Subtotal $33,813.30 Escrow Credit ($218.73) Deficit $0.00 Subtotal 218.73 TOTAL $33,594.57 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 148372 9. 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $33,594.57, together with interest from 02/01/2007 at the rate of $8.29 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. PHEL HALLINAN & SCHMIEG, LLP i?-2'l??[ By: /s/Francis S. Hallinan LA RENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148372 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Queen Avenue (50 feet wide) at the southeastern corner of Lot No. 13 on the hereinafter mentioned Plan of Lots; thence along Lot No. 13 North 09 degrees 22 minutes 30 seconds West a distance of 140 feet to a point thence North 80 degrees 37 minutes 30 seconds East a distance of 20 feet to a point; thence by Lot No. 15 on said Plan South 09 degrees 22 minutes 30 seconds East a distance of 140 feet to a point on Queen Avenue; thence by Queen Avenue South 80 degrees 37 minutes 30 seconds West a distance of 20 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a townhouse known and numbered as 97 Queen Avenue. BEING Lot No. 14 on a Final Subdivision Plan No. 2 for Robert D. and Donna R. Leisenring, his wife, made January 17, 1980 and February 13, 1980 by D. P. Raffensperger Associates and recorded in the Cumberland County Recorder's Office in Plan Book 37, Page 98. BEING the same premises which Michael J. Rock and Barbara H. Rock, his wife, by their deed dated February 26, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book C-30, page 94, granted and conveyed unto Barbara J. Nelson Grantor herein. PROPERTY BEING: 97 QUEEN AVENUE File #: 148372 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 unworn falsification to authorities. -? / ka" FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: L t ' L T r-,J s 7 C,.J (;ii 212 4e) L!7 -7Z .o 900 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, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC, s/b/m to Chase Manhattan Mortgage Corporation Jeffrey L. Frymoyer Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 07-692 C.T. 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: Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 148372 C`>_ ? -rs .--+ _.? ?? ?: t? _ ; ??5 ... , i ;. cµ,.? "? ?.- SHERIFF'S RETURN - REGULAR CASE NO: 2007-00692 P 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS FRYMOYER JEFFREY L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRYMOYER JEFFREY L the DEFENDANT , at 1821:00 HOURS, on the 20th day of February , 2007 at 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 JEFFREY FRYMOYER 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: Docketing 18.00 Service 24.62 Affidavit .00 Surcharge 10.00 .00 3lD f o r.? 52 . 62 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/21/2007 PHELAN HALLINAN SCHMIEG By. 1?//? /? ep ty he f A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00692 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS FRYMOYER JEFFREY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FRYMOYER JEFFREY L but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT FRYMOYER JEFFREY L 97 QUEEN AVENUE ENOLA, PA 17025 97 QUEEN AVENUE ENOLA IS VACANT. Sheriff's Costs: Docketing 6.00 Service 13.20 Not Found 5.00 Surcharge 10.00 00 307101 ??,. 34.20 So answers, R. Th a s?-I1 i-re Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/21/2007 Sworn and Subscribed to before me this day of A. D.