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HomeMy WebLinkAbout03-0342FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 FLAGSTAR BANK F.S.B. 5151 CORPORATE DRIVE TROY, MICHIGAN 48098 Plaintiff SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) .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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 981147700 BJP 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. 1. Plaintiffis FLAGSTAR BANK F.S.B. 5151 CORPORATE DRIVE TROY, MICHIGAN 48098 The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/31/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARYLAND FINANCIAL RESOURCES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1571, Page 719. By Assignment of Mortgage recorded 9/21/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 625, Page 540. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 01/17/2003 (Per Diem $23.51 ) Attorney's Fees Cumulative Late Charges 08/31/1999 to 12/01/2002 Cost of Suit and Title Search Subtotal $146,082.36 3,996.70 1,250.00 134.79 $ 550.00 $152,013.85 Escrow Credit 0.00 Deficit 30.67 Subtotal $ 30.67 TOTAL $152,044.52 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. 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. In the event that Act 91 of 1983 applies, 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. 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 $152,044.52, together with interest from 01/17/2003 at the rate of $23.51 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. By: FEDERMAiXJ~ND PHELAN,~,~LP// /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff A2LL TFIAT C-ER',rAIN tract of'land situate in Middlesex Township, Cumberland County, Pennsylv~ nia, Iolown aa Lot I of the Final Subdivisiorl/Lot Addilion Plan and Survey For tile Nora M. Eser Estate, prepared by Stat]er-Brehm Associates, Inc. dated February I, 1996, revised February- 14, 1996 and recorded itl Cumberland Cuunly Plan Book 71, Page 131, as follows, lo wit: I~I"GINNINC3 at a point in tile ccnterline of Wolf's Elridge l~oad (T-508); thence through Wolf's Bri, lg¢ Road and passing through a set iron pill and file linc Of lands now or formerly of Walter and lands now or formerly of ~mcy, North 87 degrees 42 ndnutes 55 second; F. ast 726.62 feet to a set iron p/n; thence alollg lands now or fon~:erly o£ -l~arl W. Myers and lands now or fon~erly of Eagles Aerlc 1299, South 01 degree 4'7 mhautas 55 seconds West 10:24.00 feet to a .net iron pin; lhcnce along lands now }~r fon'n:rly of Jessie B. Campbell, North 86 degrees 16 minutes 3.0 seconds West 592.70 f~at to a set iron pin; thence along lands now or formorly of Williara Nailor, Jr. qorth I0 degrees :~0 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 rainules 31 seconds Vv'est 312.50 feet to a point ill the centerllne of \'~'olFs Bridge P. aad; thencn along the .~mac the following three courses: I )North 08 degrees I O minu.cs 35 seconds East 376.90 feet; 2) a curve to tile right with a radius o£700.00 feet delta of' ! 0 degrees 49 minutes 46 seconds, arc of 132.31 I'eet, =hord and chord bearing of 132.11 feet, North 13 degrees l0 minutes 07 scco~ds ~ast; 3} North l 8 degrees :35 minute..,; 00 seconds -~ast 302.97 feet to a point, place of 13, L~GINNINO. (2on~ning a g~ss ~a of 17.222 acr~. L~E~ ~D SUB~CT. to a 25 foot dedicated fight-of=waY along the east side %/ol~s Bridge Road ~ m~ur~d from the centarline of said road_ ~ND, ~D~ AND SUBJECT, to a 40 foot pip~lin~ right~f-way au ~et lbrth in Niiscellaneous Book 67, Page 49. AND, ~D~ AND SUBJECT, {o th~ conditions of d~e aforesaid Final Sttbdiviaiot~ot Addition Plan and Su~ey for the No~ M. ~cr Estate, as recorded tht:{r ~cd dated March 20, 1958 and recorded in thc O~cc of the R~cord~r of couv~ed unto R. Elw~d ~r and Nots M. ~er. Tine ~id ~. Elwood Esec haviog died Jun~ 22, 1983, vesting Otle solely in the nanae ofNora M. Esot, his wife. sai.{ No~ M. ~cr baying died April 28, 1994 leaving Will dated Janua~ {6, 1989 duly probated May 17, 1994 and ~maining of record in tho R~gister of Wills O in f nd for Cunlbcrland County, PannsylVallia to 1994-00496, wi~erein she appointed June 2, 1994. P~SES BEING: 229 ~OLFS BRIDGE. VERIFICATION F1L4zNCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin 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 of 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersig-ned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00342 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK F S B VS ESER SHIRLEY A JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESER SHIRLEY A the DEFENDANT , at 1115:00 HOURS, on the 29th day of January , 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to SHIRLEY ESER 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 So Answers: R. Thomas Kline 01/29/2003 FEDERMAN & PHELAN Sworn and Subscribed to before me this J6~ day of '~one~ry ~/' f ~Ut/~ By: Deputy Sheriff FLAGSTAR BANK F.S.B. 5151 CORPORATE DRIVE TROY, MICHIGAN 48098 SHIRLEY A. ESER 229 WOLF BRIDGE RD. CARLISLE, PA 17013 PLAINTIFF TERM NO. 03-342 CIVIL TERM CUMBERLAND COUNTY DEFENDANT(S) CIVIL ACTION - LAW ANSWER IN MORTGAGE FORI:.CLOSURE TO WHOM THIS MAY CONCERN: Hi my name is Shirley Eser I live at 229 Wolf Bridge Rd Carlisle PA 17013. This letter is in regards to my mortgage being in foreclosure with FlagStar bank. I got behind with my mortgage when the company I work for Blue Cross Blue Shield split up. Till they got things rearranged I was not getting my hours in. Now things are starting to pickup. I even have been putting the overtime hours in like I was before all this happened. Also I had issues at my home where my vehicle had got fixed and I had a pet get very sick and that cost a lot. I had problems at home with my kids being sick and issues of them not wanting to get to school. I had court hearings and they would be in counseling. They were about the problems at home. It's only the four kids and myself. I got a restatement figure from the attorney or FlagStar bank. I kept calling for that then they never got me a copy of restatement. I called by phone and told them I still never got anything. I have almost all the money but they don't want to work anything out. Also my son has a trust account from M&T bank which they said they would help with one fifth of the bills which they would pay Flagstar $1400.00. The check was sent out and they couldn't do anything about it. Then I called M&T to cancel it, they found out it was cashed on February 5, 2003, which when I called in they made out they would probably send it back since it was only that much, but they cashed it, but now they don't want to take it offthe restatement figure, which would make up the difference that I might be short. All the attorneys tell me the fees triple if not in by the 27 of February, but they won't except what I have and subtract the other $1400.00 to have the whole amount that they want. I got my income tax that is how I came up with most of the money. I don't know what I am supposed to do. It's like in a eense I have the money if they put that $1400.00 to what money I have. It's almost like they want to wait so they can triple their fees atter the 27th, which is not right, and they get the place, when :~omebody is trying to take care of the bill. Sincerely yours, FEDERMAN AND PHELAN, LLP BY: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank F.S.B. Plaintiff Mo Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 0~-342-CV 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. Date: __Please withdraw the complaint and mark the action discontinued and ended without prejudice. Frank Federman Attorney for Plaintiff ~ ~~~ ~: -. -t~a tr. '~ =s ~ ~ ~ ~. .: ~; ~' : N i`~ - ; c ~, y~° i