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Home My WebLink About10-1479Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 4 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 231820 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. FILED-OFICE ')F THE Pf & TARY 2010 M9AR -3 AM 10: 57 CUB E. ., ij °J` ( i'cPJTvw ??'L??r.J•i;a ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM TYSON L. FRAKER KRISTI J. FRAKER 101 MELBOURNE LANE MECHANICSBURG, PA 17055-6624, Defendants b File #: 231820 NO. 10 CUMBERLAND COUNTY , 'q92.oa r=Lql e?c?- Q?ssUy I 2? a,38? 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 attomey 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 Y-4, UR LAWYER AT ONCE. IF YOU DO rtk 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 y 1T0A4P-JJW . (800 9'90-19108 File #: 231820 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: TYSON L. FRAKER KRISTI J. FRAKER 101 MELBOURNE LANE MECHANICSBURG, PA 17055-6624 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/16/2006 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 No. 1974, Page 1102. 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 12/01/2009 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. i? +r r3L 1.7 4::4''st r File #: 231820 6. The following amounts are due on the mortgage: Principal Balance $159,676.42 Interest $3,524.58 11/0 1 /2009 through 03/02/2010 (Per Diem $28.89) Attorney's Fees $650.00 Cumulative Late Charges $158.73 11/16/2006 to 03/02/2010 Property Inspections $2.50 Mortgage Insurance Premium / $215.98 Private Mortgage Insurance Costs of Suit and Title Search 1550-00 Subtotal $164,778.21 Escrow Credit ($728.76) Deficit $0.00 Subtotal (, 7 R_761 TOTAL $164,049.45 7. 8. Plaintiff is nut seeking a judgment of personal liability (or an in nersonam 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. 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 File #: 231820 or an authorized 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 yy 9 $164,049.45, together with interest from 03/02/2010 at the rate of $28.89 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ;; ,A aq R, Tabas, Esq., Id. No. 93337 ?.Viveg,Sriv tava, Esq., Id. No. 202331 ? Jay, B. 4ones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? t rtenay R. Dunn, Esq., Id. No. 206779 rew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 231820 LEGAL DESCRIPTION PREMISES A: ALL THAT CERTAIN piece, parcel or tract of land, together with the two story and attic semi- detached brick dwelling house, two story frame shed and other out buildings erected thereon, situate on the Northeastern side of the Concrete State Highway leading from the Kutztown Pike to the Village of Blandon, in the aforesaid Village of Blandon, Township of Maidencreek, County of Berks and Commonwealth of Pennsylvania being more fully bounded and described as follows, to wit: BEGINNING at a corner marked by a spike in the center line of the Concrete State Highway leading from the Kutztown Pike to Blandon, said corner being the Southeastern corner of the herein described property and the Southwestern corner of property now or formerly of J. Carroll Wilkinson and Mabel M. Wilkinson, his wife; THENCE in and along the center line of the aforesaid Concrete State Highway, North fifty-four degrees West (N 54 degrees W) a distance of one hundred five feet ten and one half inches (105 feet 10 1/2 inches) to a corner marked by a spike; thence leaving the aforesaid Concrete. State Highway and along residue property now or formerly of Carrie M. Wilkinson, widow of Ezariah G. Wilkinson, deceased, the three (3) following courses and distances, viz: (1) North thirty-six degrees East (N 36 degrees E) a distance of two hundred eleven feet seven and three quarter inches (211 feet 7 3/4 inches) to a corner marked by an iron pin; (2) South fifty-four degrees East (S 54 degrees E) a distance of forty five feet seven inches (45 feet 7 inches) to a corner marked by an iron pin; and (3) North forty-six degrees fifty-eight minutes East (N 46 degrees 58 minutes E) a distance of one hundred ninety-one feet seven and one quarter inches (191 feet 7 1 /4 inches) to a corner marked by an iron File #: 231820 uL pin in line of property now or formerly of Andrew Maier; thence along same, South eleven degrees fifty minutes East (S 11 degrees 5,0 minutes E) a distance of thirty-two feet one quarter inch (32 feet 1/4 inch) to a corner markedby an iron pin; thence along the aforesaid property now or formerly of J. Carroll Wilkinson and Mabel M. Wilkinson, his wife, the two (2) following courses and distances, viz: (1) South thirty-four degrees fifty-five minutes West (S 34 degrees 55 minutes W) a distance of two hundred seventy-one feet two and seven eighth inches (271 feet 2 7/8 inches) to a corner marked by an arrow cut in the brick wall at the North end of the dwelling, and (2) along the center line of the thirteen (13) inch brick party wall between the dwellings, South thirty-eight degrees forty-two minutes West (S 38 degrees 42 minutes W) a distance of one hundred seven feet two and one half inches (107 feet 2 1/2 inches) to the place of beginning. CONTAINING thirty-one thousand`seven,,4nd thirty-six one hundredths (31,007.36) square feet. q PREMISES B: ALL THAT CERTAIN piece, parcel or tract of land situate a short distance Northeastwardly from the Northeastern side of the Concrete State Highway leading from Leesport through the Village of Blandon, to Friedensburg, in the aforesaid Village of Blandon, Township of Maidencreek, County of Berks and Commonwealth of Pennsylvania, bounded on the East by property now or formerly of the Maidencreek Township School District, on the Southeast and Southwest by other property now or formerlyi of Gerald C. Koller and Emma L. Koller, his wife, and on the Northwest by residue property now or formerly of Carrie M. Wilkinson, widow of Ezariah G. Wilkinson, deceased, and being more fully bounded and described in accordance with a survey made by Walter E. Spotts and Associates, Registered Professional Engineers and Land File #: 231820 Surveyors, in October 1959 as follows, to wit: BEGINNING at a corner marked by an iron pin, the aforesaid point of beginning being a present corner between property now or formerly of Gerald C. Koller and Emma L. Koller, his wife, and property now or formerly of Carrie M. Wilkinson, widow of Ezariah G. Wilkinson, deceased, and being North thirty-six degrees East (N 36 degrees E) a distance of two hundred eleven feet seven and three fourth inches (211 feet 7 3/4 inches) measured along the division line between the respective properties from a spike in the middle of the Concrete State Highway leading from Leesport through the Village of Blandon, to Friedensburg; thence along residue property now or formerly of Carrie M. Wilkinson, widow of Ezariah G. Wilkinson, deceased, and being North thirty-six degrees East (N 36 degrees E) a distance of two hundred sixty-two feet four and three- fourth inches (262 feet 4 3/4 inches) to a corner marked by an iron pin in line of property now or formerly of the Maidencreek Township School District; thence along same, South eleven degrees fifty minutes East (S 11 degrees 50 minutes E) a distance of one hundred ten feet seven and one half inches (110 feet 7 1 /2 inches) to a corner marked by an iron pin; thence along other property now or formerly of Gerald C. Koller and Emma L. Koller, his wife, the two (2) following courses a`r h ?r ? Le1??i{rl) jf;l.. and distances, viz: (1) South forty-six degrees fifty eight minutes West (S 46 degrees 58 m in W) a distance of one hundred ninety-one feet seven and one-fourth inches (191 feet 7 1/4 inches) to a corner marked by an iron pin, and (2) North fifty-four degrees West (N 54 degrees W) a distance of forty-five feet seven inches (45 feet 7 inches) to the place of beginning. CONTAINING fifteen thousand forty-eight and sixty nine one hundredths (15, 048.69) square feet. File #: 231820 PREMISES C: ALL THAT CERTAIN tract or piece of ground, situate on the Northern side of the Public Road leading through the Village of Blandon to Friedenburg, in the Village of Blandon, Township of Maidencreek, County of Berks and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the middle of the Concrete State Highway leading through the Village of Blandon to Friedensburg, a corner of other property now or formerly of Gerald C. Koller and Emma L. Koller, his wife; thence along the middle of said Concrete Public Road, North 54 degrees 00 minutes West, a distance of 52 feet 00 inches to a point; thence along residue property of the grantors herein, North 36 degrees 00 minutes East, a distance of 185 feet 00 inches to a point; and South 54 degrees 00 minutes East, a distance of 52 feet 00 inches to other property now or formerly of Gerald C. Koller and Emma L. Koller, his wife; thence along the same, South 36 degrees 00 minutes West a distance of 185 feet 00 inches to the middle of said Concrete Public Road, the place of beginning. CONTAINING 9,620 square feet. BEING PIN NO. 5410-08-88-9989. 'j ;:? •Z 00 hlcllt ' BEING the same premises which Gerald C. Koller and Emma L. Koller, husband and wife, by Deed dated March 14, 1996 and recorded March 20, 1996 in the Office of the Recorder of Deeds for Berks County in Deed Book 2712, Page 702, granted and conveyed unto Todd P. Koller and File #: 231820 Julie A. Koller, husband and wife. PREMISES A: AND ALSO BEING the same premises which Carrie M. Wilkinson, by Deed dated October 30, 1951 and recorded November 3, 1951 in the Office of the Recorder of Deeds for Berks County in Deed Book 1092, Page. 28, granted and conveyed unto Gerald C.. Koller and Emma L. Koller, husband and wife. PREMISES B: AND ALSO BEING the same premises which Carrie M. Wilkinson, widow, by Deed dated February 29, 1960 and recorded March 23, 1960 in the Office of the Recorder of Deeds for Berks County in Deed Book 1362, Page 270, granted and conveyed unto Gerald C.. Koller and Emma L. Koller, husband and wife. PREMISES C: AND ALSO BEING the same premises which J. Carroll Wilkinson, Executor of the Estate of Carrie M. Wilkinson, deceased, by Deed dated December 6, 1961 and recorded Sep c, 2 S. g: 13, 1962 in the Office of the Recorder of Deeds for Berks County in Deed Book 1413, Page 894, granted and conveyed unto Gerald C.. Koller and Emma L. Koller, husband and wife. UNDER AND SUBJECT, NEVERTHELESS, to all reservations, restrictions, covenants, conditions, easements, leases and rights of way appearing of record. This deed is being delivered to Grantee(s) on June 24th, 2005 and is effective as to Grantee(s) as of this date, not the date of its execution or acknowledgment. bA?e?. 91-16s- U101 PROPERTY BEING; 101 MELBOURNE LANE" `' joi File k: 231820 (1;.5 The undersigned attorney hereby statesttat 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. 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. DATE: ho re! i, ;talcs t . al >Ii `Attorney for Plaintiff File #: 231820 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronn R Anderson "~ "'~'''"c Y ~I_ELr~,~rr~1l~~. Sheriff (~~= ~~ ~~?~~. , :~,,.~"~ ~~~~ti~~y, u# 4;i2u1irr/,~ d Jody S Smith Chief Deputy ~O ~ ~ ~~~~ -g ~{`~ ~~ ~i Edward L Schorpp Solicitor C~P,R~u. _ 1 ~..i;,~-1- !J~ Sovereign Bank Case Number vs. Tyson L. Fraker (et al.) 2010-1479 SHERIFF'S RETURN OF SERVICE 03/05/2010 08:29 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2010 at 2025 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tyson L. Fraker, by making known unto himself personally, at 101 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and the same time handing to him personally the said true and correct copy of the same. ,/7 MA K CONKLIN, DEPUTY 03/05/2010 08:29 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2010 at 2025 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kristi J. Fraker, by making known unto Tyson L. Fraker, Husband of defendant at 101 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct co of the me r ARK NKL ,DEPUTY SHERIFF COST: $53.00 March 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~.. cis ^?va ~ r ;;rf,•„ f E :gat. (ec. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff vs TYSON L. FRAKER KRISTI J. FRAKER Defendant Attorney For Plaintiff C-) N n Court of Common Pleas Zz? r •c -tx? -< p " c3° Civil Division --+o 3:0 CD-n Z: CUMBERLAND County 5,; m No. 10-1479 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: November 18, 2010 PHELAN SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 3 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 231820 Attorneys for Plaintiff