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HomeMy WebLinkAbout08-1450PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 173150 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff JULIE M. BARR 6308 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 -- l y?? lr l hfr CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173150 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 #: 173150 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 #: 173150 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 #: 173150 Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JULIE M. BARR 6308 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/18/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to WASHINGTON MUTUAL BANK, F. A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1878, Page: 3141. By Assignment of Mortgage recorded 04/13/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 735, Page 4928. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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 #: 173150 6 The following amounts are due on the mortgage: Principal Balance $137,304.05 Interest $4,130.31 09/01/2007 through 03/01/2008 (Per Diem $22.57) Attorney's Fees $1,325.00 Cumulative Late Charges $85.68 08/18/2004 to 03/01/2008 Cost of Suit and Title Search 550.00 Subtotal $143,395.04 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $143,395.04 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 Sheriffs 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 #: 173150 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 $143,395.04, together with interest from 03/01/2008 at the rate of $22.57 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 rn By; J, S-- FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 173150 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, being more particularly bounded and described to wit: BEGINNING at a point on the eastern right-of-way line of Valleybrook Drive, being the southernmost corner of Lot 45, and located from the centerline intersection of Ryland Drive, Crosswick Circle and Valleybrook Drive; South 73 degrees 23 minutes 53 seconds West a distance of 29.21 feet to a point of curvature; thence along a curve to the left having a radius of 151.46 feet an arc length of 58.43 feet to a point of tangency; thence South 51 degrees 17 minutes 40 seconds West a distance of 121.20 feet to a point of curvature; thence on a curve to the left having a radius of 100.00 feet an arc length of 139.63 feet to a point of tangency an the same; thence South 28 degrees 42 minutes 20 seconds East a distance of 122.57 feet to a point on said centerline; thence along a line perpendicular to the centerline North 61 degrees 17 minutes 40 seconds East a distance of 25.00 feet to the aforementioned point of beginning. THENCE North 48 degrees 54 minutes 51 seconds East, along the southeast line of Lot 45, a distance of 1/2.64 to a point on the southwest line of Lot 40 Hampden Hearth Phase I and being the easternmost corner of Lot 45; THENCE South 49 degrees 42 minutes 49 seconds East, along the southwest line of Lot 40 and Lot 39, a distance of 65.76 feet to a point on the southwest line of Lot 39 and being the northernmost corner of Lot 47; THENCE South 38 degrees 32 minutes 10 seconds West, along the northwest line of Lot 47, a distance of 208.43 to a point on the eastern right-of-way line of Valleybrook Drive, and being the westernmost corner of Lot 47; File #: 173150 THENCE North 28 degrees 42 minutes 20 seconds West, along the eastern right-of-way line of Valleybrook Drive, a distance of 105.00 feet to the POINT OF BEGINNING, and containing 15,720.53 square feet or 0.360 acres of land, more or less. BEING Lot 46 on the Plan of Lots of Hampden Hearth Final Plan Phase II, recorded in Plan Book 66, Page 31, Cumberland County Courthouse. HAVING thereon erected a dwelling being known and numbered as 6308 Valleybrook Drive. UNDER AND SUBJECT to certain restrictions and easements filed in Miscellaneous Book 433, Page 942, in Cumberland County, Pennsylvania. PARCEL NO. 10-16-1062-155 PROPERTY BEING: 6308 VALLEYBROOK DRIVE File #: 173150 VERIFICATION I hereby states that I am the attorney for the 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 I am 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 my 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 falsifications to authorities. t Attorney for Plaintiff DATE: _ 68 File # 173150 7j SHERIFF'S RETURN - REGULAR CASE NO: 2008-01450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BARR JULIE M RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon n T OD TT TT TL' M the DEFENDANT , at 2046:00 HOURS, on the 7th day of March 2008 at 6308 VALLEYBROOK DRIVE MECHANICSBURG, PA 17050 by handing to JULIE M BARR 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 11.52 Affidavit .00 Surcharge 10.00 00 3//a? 0 F 3 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/10/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D.