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HomeMy WebLinkAbout07-4726PHELAN 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 1s2o9s WASHINGTON MUTUAL BANK, FA 3990 SOUTH BABCOCK MELBOURNE, FL 32901 Plaintiff v. RICHARD L. CAMPBELL LINDA J. CAMPBELL 10 ACCENT CIRCLE CAMPHILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b7 - ~f yalp C i v ~ C l~rr~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: Is2095 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 File #: 1S209S 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 #: 152095 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 #: 152095 1. Plaintiff is WASHINGTON MUTUAL BANK, FA 3990 SOUTH BABCOCK MELBOURNE, FL 32901 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. CAMPBELL LINDA J. CAMPBELL 10 ACCENT CIRCLE CAMPHILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/24/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1764, Page: 4705. 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 09/20/2006 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 #: 152095 6. The following amounts are due on the mortgage: Principal Balance $70,215.19 Interest $56.64 08/20/2006 through 08/08/2007 (Per Diem $0.16) Attorney's Fees $1,250.00 Cumulative Late Charges $145.97 06/24/2002 to 08/08/2007 Cost of Suit and Title Search 750.00 Subtotal $72,417.80 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $72,417.80 7. 8. If the mortgage is reinstated prior to a Sheriff s 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 Sheriff s 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 personam 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 #: 152095 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 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 $72,417.80, together with interest from 08/08/2007 at the rate of $0.16 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 By: /s ancis . H man LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152095 LEGAL DESCRIPTION PARCEL 1: ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western side of Country Club Road at the dividing line of Lots A-1 and A-2 on the hereinafter mentioned Plan of Lots; thence along the western side of Country Club Road, South 55 degrees 59 minutes 34 seconds East, 148.09 feet to a point; thence by a curve to the right, having a radius of 215.00 feet an arc length of 117.24 feet to a point; thence South 24 degrees 45 minutes 2 seconds East, 95.16 feet to a point; thence South 37 degrees 10 minutes 12 seconds West, 195.10 feet to a point; thence North 46 degrees 36 minutes 7 seconds West, 175.49 feet to a point at the line of Lot A-51; thence along the line of Lot A-51, North 38 degrees 45 minutes 50 seconds West, 137.33 feet to a point at the dividing line of Lots A-1 and A-2; thence along the line of Lot A-2, North 26 degrees 50 minutes 45 seconds East, 207.65 feet to a point, the point and place of BEGINNING. BEING Lot A-1, on the Plan of Pealer Land Development, Phase I, as recorded in Plan Book 46, Page 4. File #: 152095 ALL THAT CERTAIN tract of land having thereon erected a decorative planter and associated landscaping, situate in East Pennsboro Township, Cumberland County, Pennsylvania being located on Lot A-1 as shown on a Subdivision Plan for Pealer Land Development, Phase I, and being more fully bounded and described as follows, to wit: BEGINNING at a point in the west line of Country Club Road, said point being located South 55 degrees 59 minutes 34 seconds East a distance of 148.09 feet from the Southeast corner of Lot A-2, thence continuing along the West line of Country Club Road on a line curving to the right having a radius of 215.00 feet and a arc distance of 75.00 feet said arc being subtended by a chord of South 45 degrees 59 minutes 58 seconds East and a length of 74.62 feet to a point; thence continuing through Lot A-l, the following 3 courses and distances; (1) South 53 degrees 59 minutes 39 seconds West, a distance of 35.00 feet to a point; (2) on a line curving to the left having a radius of 180.00 feet and an arc distance of 62.79 feet said arc being subtended by a chord of North 45 degrees 59 minutes 58 seconds West and a length of 62.47 feet to a point; (3) North 34 degrees 00 minutes 26 seconds East a distance of 35.00 feet to a point, the place of BEGINNING. SAID portion of property excepted and reserved containing 2,411.34 square feet of land. PARCEL 2: File #: 152095 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision Plan for Floribunda Heights, Phase II, Section V, prepared by Martin & Martin, Inc., dated July 13, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, Page 113, as follows, to wit: BEGINNING at a point being the common corner of Lots A-51, A-2, A-1 and A-1 a; thence along Lot A-1, South 38 degrees 45 minutes 50 seconds East, a distance of 137.33 feet to a point; thence South 75 degrees 49 minutes 52 seconds West, a distance of 66.94 feet to a point at the line of Lot A-52; thence along said lot, North 38 degrees 45 minutes 50 seconds West, a distance of 81.87 feet to a point at the line of Lot A-51; thence along said lot, North 26 degrees 50 minutes 45 seconds East, a distance of 66.83 feet to a point, the point and place of BEGINNING. BEING Lot A-la, on the Subdivision Plan of Floribunda Heights, Phase II, Section V, Recorded in Plan Book 66, Page 113. PARCEL 3: ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: File #: 152095 BEGINNING at a point on the western side of Country Club Road at the dividing line of Lots A-2 and A-3 on the hereinafter mentioned Plan of Lots; thence along the western side of Country Club Road, South 55 degrees 59 minutes 34 seconds East, 101.85 feet to a point at the line of Lot A-1; thence along line of Lot A-1, South 25 degrees 50 minutes 45 seconds West, 207.65 feet to a point; thence North 38 degrees 45 minutes 50 seconds West, 133.74 feet to a point at the line of Lot A-3; thence along the line of Lots A-3, North 34 degrees 00 minutes 26 seconds East, 166.42 feet to a point, the point and place of BEGINNING. BEING Lot A-2, on the Plan of Pealer Land Development, Phase I, as recorded in Plan Book 46, Page 4. PROPERTY BEING: 10 ACCENT CIRCLE File #: 152095 VERIFICATION kv~~ " ~ ~- hereby states that he/she is - ~1~ I~~~~ ~C- , ~~ of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: ~ ~ ~ 2' 0~ Name: ~ NI O 6~ ~OT~f rr Title: ~ ~ Gam, ~^'~ b".~ C ~ ~ Company: WASHINGTON MUTUAL BANK Loan: 152095 O s ~ ~ ~ ~ r C1 v Ul "'' ' ~ O `' ,. '^ _ ~ ., t -% r't :~? _ _ QQ,, K..- (~ r-- _ tC? . ~, A i a ~ --. _- ' S ~. - ...~> a - ' - i 7 j .~[ c SHERIFF'S RETURN - REGULAR CASE N0: 2007-04726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS CAMPBELL RICHARD L ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CAMPBELL RICHARD L the DEFENDANT , at 1335:00 HOURS, on the 22nd day of August 2007 at 240 NORTH 36TH STREET APT 1F CAMP HILL, PA 17011 by handing to RICHARD CAMPBELL 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 6.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 4,o~Lb'- ~ 29.44 Sworn and Subscibed tv before me this day So Answers: R. Thomas Kline 08/23/2007 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A.D. was served upon SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04726 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS CAMPBELL RICHARD L ET AL 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 CAMPBELL RICHARD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT ('AMARF.T~T, RTC'T~ART~ T, 10 ACCENT CIRCLE CAMP HILL, PA 17011 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge a Jb ~IP'~ ~• So answer , jr~ ,.:,:;:~`~•-" 18.0 0 .--`'"..,.---' 14.40 / 5.00 R. Thomas ine 10.00 Sheriff of Cumb rland County .00 47.40 PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of A.D. S j t SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04726 P ' COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS CAMPBELL RICHARD L ET AL 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 CAMPBELL LINDA J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT CAMPBELL LINDA J 10 ACCENT CIRCLE CAMP HILL, PA 17011 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 °I ~b6 f c 7 ~-„ / 21.0 0 So answers :_..---.~' _~_-i'~°~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-04726 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS CAMPBELL RICHARD L ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: CAMPBELL LINDA J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 240 NORTH 36TH STREET APT 1F CAMP HILL, PA 17011 PER RICHARD, LINDA IS DECEASED. CAMPBELL LINDA J NOT SERVED as to Sheriff' s Costs : So answers •,..--~-~' ~ Docketing 6.00 ~„ Service . 00 _.---- Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 9/bL~o~ 16 , pp pHELAN HALLINAN SCHMIEG 08/23/2007 Sworn and Subscribed to before me this day of A.D.