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HomeMy WebLinkAbout07-5432PHELAN 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 X215) 563-7000 161296 WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 ~. Plaintiff JULIE J. LAVERTY A/K/A JULIE J. OVER A/K/A JULIE JOETTE WILSON A/K/A JULIE J. WILSON OVER ROSEMARY GIANCOLI 808 REDWOOD DRIVE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01- 5~~ l.:iv-~ Trw~ CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 161296 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (800)990-9108 File #: 161296 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 #: 161296 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 #: 161296 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 7301 BAYMEADOWS WAY MAIL STOP JAXB3182 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: JULIE J. LAVERTY A/K/A JULIE J. OVER A/K/A JULIE JOETTE WILSON A/K/A JULIE J. WILSON OVER ROSEMARY GIANCOLI 808 REDWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/11/2006 JULIE J. LAVERTY A/K/A JULIE J. OVER A/K/A JULIE JOETTE WILSON A/K/A JULIE J. WILSON OVER, ROSEMARY GIANCOLI & NELSON A. LAVERTY 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: 1963, Page: 930. 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 05/O 1 /2007 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 #: 161296 6 T'he following amounts aze due on the mortgage: Principal Balance $73,564.05 Interest $2,328.15 04/01/2007 through 09/12/2007 (Per Diem $14.11) Attorney's Fees $1,325.00 Cumulative Late Charges $115.64 08/11/2006 to 09/12/2007 Cost of Suit and Title Seazch 550.00 Subtotal $77,882.84 Escrow Credit $0.00 Deficit $892.24 Subtotal 892.24 TOTAL $78,775.08 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 aze 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 sepazate 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 161296 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. 11. Plaintiff hereby releases NELSON A. LAVERTY from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $78,775.08, together with interest from 09/12/2007 at the rate of $14.11 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL HALL AN &SCHMIEG, LLP ! , By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 161296 LEGAL DESCRIPTION All that certain parcel of land situate in the Fifth Ward of the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a point on the Western side of Redwood Street (now known as Redwood Drive), on the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence by the Western side of Redwood Street (now known as Redwood Drive), South 02 degrees 30 minutes West, 75 feet to a point; thence by a line parallel with and 4 feet distant from the Southern line of Lot No. 7, North 87 degrees 30 minutes West, 130 feet to a point; thence by land now or formerly of C.O. Minnich, North 02 degrees 30 minutes East, 75 feet to a point; thence by Lot No. 8 on the hereinafter mentioned Plan of Lots, South 67 degrees 30 minutes East, 130 feet to the place of beginning. Being Lot No. 7 and the Northern 4 feet of Lot No. 6 of the Plan of Lots known as the Diehl Tract as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 11, Page 16. Tax ID: 06-19-1645-026 PROPERTY BEING: 808 REDWOOD DRIVE File #: 161296 VERIFICATION 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 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ~1- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ~/1 Zl~~ Tv n 1 ~ ~ ~' ~ ~ ~ ~ ~ c~ ~ ~ ~ * y ~ ~~ ~ ~ ~- ©_ f ~'i ~ ~G . ~ SHERIFF'S RETURN - REGULAR CASE,NO: 2007-05432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS LAVERTY JULIE J ET AL 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 OVER JULIE J WILSON the DEFENDANT at 1157:00 HOURS, on the 25th day of September, 2007 at 808 REDWOOD DRIVR CARLISLE, PA 17013 JULIE WILSON OVER by handing to 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 Service / Affidavit Surchar 1~ 9 ~ ge ~o~ 1 D~ Sworn and Subscibed to before me this of So Answers: 18.0 0 %.~~¢~~ ~-E~ 4.80 .00 10.00 R. Thomas Kline .00 32.80 09/26/2007 PHELAN HALLINAN & SCHMIEG day By. A.D. t y 3fie SHERIFF'S RETURN - REGULAR CASE ,NO: 2007-05432 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS LAVERTY JULIE J ET AL 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 GIANCOLI ROSEMARY the DEFENDANT at 1449:00 HOURS, on the 25th day of September, 2007 at 265 ALTERS ROAD CARLISLE, PA 17013 by handing to ROSEMARY GIANCOLI 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 Service Affidavit Surcharge /al9l ~~ Sworn and Subscibed to before me this of So Answe .,~~~ 6.00 4.80 .00 10.00 R. Thomas Kline .00 20.80 09/26/2007 PHELAN HALLINAN & SCHMIEG By. day D put S i f A.D. SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-05432 P COMMONTWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS LAVERTY JULIE J 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 GIANCOLI ROSEMARY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 808 REDWOOD DRIVE NOT FOUND as to GIANCOLI ROSEMARY CARLISLE, PA 17013 LIVES AT 265 ALTERS ROAD CARLISLE. Sheriff's Costs: Docketing Not Found Affidavit Surcharge 1fl~0~ So answers• 6 . 0 0 _-~~ 5.00 ~ _ ~' .00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN & SCHMIEG 09/26/2007 Sworn and Subscribed to before me this day of A.D. 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 Washington Mutual Bank, F.A. Plaintiff vs. Julie J. Laverty, a/k/a Julie J. Over, A/k/a Julie Joette Wilson, a/k/a Julie J. Wilson Over Rosemary Giancoli Defendant(s) PRAECIPE TO THE PROTHONOTARY: Court of Common Pleas Civil Division Cumberland County No. 07-5432-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. 1 ~~ Date: ~~ ----; Francis S. Hallinan, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF PHS# 161296 - c~ ~~3 rr ~ ~ t~s't . --a ~ ~.; ~. ,.. ~ --. ~? ~ Y s.,~= ~„ ~ ~ ~ ...5 ~