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Home My WebLink About03-2308Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse, Vo George R. Wright Wanda L. Wright 233 Locust Point Road Mechanicsburg, PA 17055 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 mayproceed 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 of 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 Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 .Attorneys for Plaintiff WM Specialty Mortgage LLC, Without Recourse, Vo George R. Wright Wanda L. Wright 233 Locust Point Road Mechanicsburg, PA 17055 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WM Specialty Mortgage LLC, Without Recourse, through its attomey, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, WM Specialty Mortgage LLC, Without Recourse ("Plaintiff"), is a corporation with a principal place of business at 505 City Parkway West, Suite 100 Orange CA 92865. 2. The Name and mailing address of each Defendant is: George R. Wright, 233 Locust Point Road, Mechanicsburg, PA 17055. Wanda L. Wright, 233 Locust Point Road, Mechanicsburg, PA 17055. 3. On 05/24/2001 George R. Wright & Wanda L. Wright made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1715, Page 857. Plaintiff is in the process of preparing a legal Assignment. o Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. The real property which is subject to the Mortgage is generally known as 233 Locust Point Road, Mechanicsburg, PA 17055, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. The interest of each individual Defendant is as Mortgagor, Real Owner or both. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released fi.om liability for the debt secured by the Mortgage. 2 10. 11. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 12/01/2002 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. The following amounts are due as of May 12, 2003: Principal of Mortgage debt due and unpaid $79,071.51 Interest due and owing fi.om 11/01/2002 to 5/12/03 at 11.9%, $26.13 per diem 5,016.96 Plus Late Charges of $48.70 per month, assessed on the 16th day after payment is due Escrow Advance Attorney's Fees 243.50 125.77 3,953.58 TOTAL Interest accrues at a per diem rate of $26.13 and late charges accrue at a monthly rate of $48.70, assessed on the 16th day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, _et sea_. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 02/04/2003. WHEREFORE, Plaintiffdemandsjudgment against Defendants George R. Wright & Wanda L. Wright, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $88,411.32 plus the following amounts accruing after 5/12/03, to the date of judgment. (i) interest at a per diem rate of$26.13; (ii) late charges of $48.70 per month assessed on the 16t~ day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. Date: RICHARD~M;SQUIRI~ & ASSOCIATES, LLC ~ichard M. SqUire, Esquir~ 0 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFYER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. q ire, Esquire Attorney for Plaintiff Date:~ ALL ~hat certain tract of land 'situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ~ BEGII~NII~ at a point in the centerline of Locust Point Road (LR 21012} at the dividing line between Lots Nos. 2 and 3 ~n the hereinafter mentioned s~divislon plan; thence along saidd~vidtng llne, South 71 degrees 30 minutes West, 170.02 feet to a s~ake; thence along lands now or formerly of Robert Gibney, North 18 degrees%45 minutes West, 506.5 feet to a point; thence alon~ the dividing line between Lots Nos. 1 and 2 on said plan, North 71 degrees 30 minutes Bast, 171.40 feet to a point in the centerline of said ~c~lst Point Road; thence along the centerline of said Locust Point Road, South 18 degrees 30 minutes Bas~, 155.5 fee.t to a point, the place of BEGINNING. CONTAINING 26,600 square feet. BEING further described as Lot No. 2 of the subdivision plan of Charles E. & Doreen G. Sheldon, prepared by D.P. Raffensperger, R.S., dated May 3, 1972 and recorded in Cumberland County Plan Book 23 Page 88. U~DER a~d stlbject to utility easements of record. SHERIFF'S RETURN - REGULAR CASE NO: 2003-02308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS WRIGHT GEORGE R ET AL RONALD HOOVER Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was WRIGHT GEORGE R DEFENDANT , at 1624:00 HOURS, on the 21st day of May at 233 LOCUST POINT ROAD MECHANICSBURG, PA 17055 by handing to WANDA L WRIGHT, WIFE a true and attested copy of COMPLAINT - MORT FORE , Sheriff or Deputy Sheriff of sworn according to law, served upon the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this /2 ~-' day of ~7~%3 A.O. ! ~Prothonotary So Answers: R. Thomas Kline 05/22/2003 RICHARD SQUIRE & ASSOC Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-02308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS WRIGHT GEORGE R ET AL - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, WRIGHT WAN]DA L DEFENDAi~T , at 1624:00 HOURS, at 233 LOCUST POINT ROAD MECHANICSBURG, PA 17055 WANDA L WRIGHT a true and attested copy of the within COMPLAINT - MORT FORE was served upon on the 21st day of May by handing to the , 2003 COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /,~ day of So Answers: R. Thomas Kline 05/22/2003 RICHARD SQUIRE & ASSOC. Deputy Sheriff