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HomeMy WebLinkAbout03-5457FEDERMAN 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 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET- BACKED CERTIFICATES, SERIES 2001-B 6501 IRV1NE CENTER DRIVE IRVINE, CA 92618 Plaintiff FRANK L. BRETZ, JR A/K]A FRANK BRETZ, JR 228 STATE STREET ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 5qY7 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 80261 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. File #: 80261 Plaintiff is WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B 6501 JRVINE CENTER DRIVE IRV1NE, CA 92618 The name(s) and last known address(es) of the Defendant(s) are: FRANK L. BRETZ, JR A/KIA FRANK BRETZ, JR 228 STATE STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/26/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EAGLE NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1724, Page 392. By Assignment of Mortgage recorded 1/11/2002 the mortgage was assigned to OPTION ONE MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 683, Page 3923. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is m default because monthly payments of principal and interest upon said mortgage due 05/01/2003 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 #: 80261 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 10/14/2003 (Per Diem $15.84) Attorney's Fees Cumulative Late Charges 01/26/2001 to 10/14/2003 Cost of Suit and Title Search Subtotal $46,827.58 3,120.48 1,250.00 209.19 $ 550.00 $ 51,957.25 Escrow Credit 0.00 Deficit 759.00 Subtotal $ 759.00 TOTAL $ 52,716.25 The attorney's fees set forth above are in conforrrfity with the mortgage documents and Pennsylvania law, and will be collected in the event of a ttfird party purchaser at Sheriff's Sale. If the Mortgage is reinstated pr/or 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an author/zed consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 52,716.25, together with interest from 10/14/2003 at the rate of $15.84 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: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F/leg: 80261 ALL THAT CERTAIN piece or paroel of land situate ia the ~roagh a£ XW..at Fah~.'.~, ~ C~mb~rland Cota~ty, Pennsylvania, more padioularly bounded and descrilmd as follows: BEGIIqNINO at e point on the South sid~ of State ~ being Ih= partition line of Nos. 228 and 230 State Street; thanc~ South thirty-four (34) degrees East ~ the oent~r line of partition of No. 228 and 230 Stat,, Street, also lhm the camter li~ of an outside toilS, distance Sovea~'4iu~ (73) feet to a point: tlwace South l'l~e (3) degrees Fil~.n 05) ,,,;,,utes West, distance Thirteen (13) feet to il. poillt; ~ ,nlonth Eighly-si~ (86) degt"~ ~ (15) mi'm,t~ *]~st~ distanee Tin~ and One-mnth C3 1/10) f~ct to tim comer of ,, garage: thance South Thr~ (3) degr~s, Irdt~n (15) mima~ Wea along thc rear ot'a garage, disamce F.k--wm (11) feet to ,, point; ff~-ao~ North Ei~hty-~ (86) ~e~-s, Fiit~m (la) minutes We~ l~twana gam~a, distance Twemy-two --~ a~,on-teaths (22;0 fe~t to a point un the East side of North Third Stnmt; thrace South Three (~l) dosr~s, ~ (! 5) minutes We. st along tim East sid© of Noah Third Street dista~o Thirty-two and fiv~-l~mttts (32.5) feet to a point oa the N~thesst cora~ of North 'l"atrd ~ and North Stnmt; theaoe Sculh Eighty-six (86') degrees, Fiity (50) minutes F. ast along North side of North Strut, a distn.~,~. Thirteen and six-~l~lhs (1'I.6) f~t; thon~ North Thirty-£our 04) degi'~s, Thirty (30) minutes ~ast along tho W~st llne of tim Metallo property, distance One Hundred Twenty-eight (I2~) feet to a point on the South ~ et State St~-"~ Noah Fiity-~ight 08) degrees, Thirty (30) minutes West distan~ Twenty-six and Ninety-five hundredths (26.95) £c.-t to a point the Plaoe e f Beginning. BEING a portior, of Lots 6 and 7 in Mays Addition to the Borough of West Falrvi~w, Cumberland County, Pe~n~sylvaala, and having thereon ereoted a two story flame dwelling houae aud (2) frame gamg~ known as mlmber 228 Slate Street. lT BEING the ~ premises which Nat~- E. Br~z, widower, by deed dated May 5th, 1988 and r~oorded in th; Cumberland Cotmty P-.~:ordea' of D~ds offi~ on May 13, 1988 in Book 1-33 at Page 451, granted ami convey~cl unto Frank L Br~z and N. Dennis Bretz, as joint te,,npt, with the right of survivorship. C_n-antors hereiz~ P~SES BEING: 228 STATE STREET 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 tune allowed for the filing of the plead'rog, 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 tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. ~.'~H~ ,./linan~-~, F s q~ire Attorney for Plaintiff SHERIFF ' S CASE NO: 2003-05457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA NA VS BRETZ FR3~NK L JR AKA FRANK BRE RETURN - REGULAR CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon BRETZ FRANK L JR AKA FPJ~NK BRETZ JR the DEFENDANT , at at 228 STATE STREET ENOLA, PA 17013 PAULA CARUSO, GIRLFRIEND, a true Sheriff or Deputy Sheriff of who being duly sworn according to law, 1826:00 HOURS, on the 16th day of October , 2003 by handing to LEGAL ADULT RESIDENT 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 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 2d~- day of , ~rothonotary ' So Answers: R. Thomas Kline 10/20/2003 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR REGISTERED HOLDERS OF OPTION ONE MORTGAGE LOAN TRUST 2001-B, ASSET-BACKED CERTIFICATES, SERIES 2001-B Plaintiff Court of Common Pleas CUMBERLAND County No. 03-5457 CIVIL VS, FRANK L. BRETZ, JR. A/K/A FRANK BRETZ, JR. Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff