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Home My WebLink About04-2895 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN. ESQ., rd. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 W ACHOVIA BANK, N.A., F/KIA FIRST UNION NATIONAL BANK, AS TRUSTEE OF THE AMORTIZING RESIDENTIAL COLLATERAL TRUST, 2000-BC2 1675 PALM BEACH LAKES BOULEVARD SUITE 7B WESTPALMBEACH,FL 33401 ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION TERM QlU\..lr~ NO. ()Lt -:2?RS Plaintiff v. CUMBERLAND COUNTY PATRICIA M. SOBOTOR 19 HOLLY ESTATES DRIVE GARDNERS,PA 17324 MICHAEL P. SOBOTOR 19 HOLLY ESTATES DRIVE GARDNERS,PA 17324 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. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'IRIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. W YOU CANNOT AFFORD TO HIRE A LAWYER, 'IRIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE 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#; 93131 File #: 93131 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. 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. 1. Plaintiff is W ACHOVIA BANK, NA, FIKfA FIRST UNION NATIONAL BANK, AS TRUSTEE OF THE AMORTIZING RESIDENTIAL COLLATERAL TRUST, 2000-BC2 1675 PALM BEACH LAKES BOULEVARD SUITE 7B WEST PALM BEACH, FL 33401 2. The name(s) and last ]mown address(es) of the Defendant(s) are: PATRICIAM. SOBOTOR 19 HOLLY ESTATES DRIVE GARDNERS, P A 17324 MICHAEL P. SOBOTOR 19 HOLLY ESTATES DRIVE GARDNERS, P A 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/08/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1570, Page 401. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2004 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. pjle#: 93131 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/22/2004 (Per Diem $22.38) Attorney's Fees Cumulative Late Charges 09/08/1999 to 06/22/2004 Cost of Suit and Title Search Subtotal $77,374.00 3,894.12 1,250.00 956.08 $ 550.00 $ 84,024.20 Escrow Credit Deficit Subtotal 0.00 89.35 $ 89.35 TOTAL $ 84,113.55 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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) haslhave 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. 9. 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 $ 84,113.55, together with interest from 06/22/2004 at the rate of$22.38 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. FEDERM~ AND PHE.L~, rJlIJ . By: .z;~af~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 93131 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Subdivision Plan for Holly Estates prepared by Thomas and Associates, Surveyors, dated November 29, 1977, consisting of I page, a copy of which is recorded in Cumberland County Plan Book 33, page 136 on September 20,1978, and incorporated herein by reference as follows: BEGINNING at a point on the westwardly line of Holly Estates rive (50 feet wide right of way) at the southeast comer of Lot No. 10 on a certain Subdivision for Richard E. Anderson recorded in Plan Book 28, page 135; thence by the westwardly line of the said Holly Estate Drive, South 17 degrees 29 minutes 28 seconds West 150 feet to a point being the northeast comer of Lot No.8 on Plan of Holly Estates; thence by Lot No.8 North 72 degrees 30 minutes 32 seconds West 299.14 feet to a point on line of lands now or formerly of John Delp; thence by lands of Delp, North 17 degrees 10 minutes 56 seconds East 149.15 feet to a point being the southwest comer of Lot No.9 on Subdivision for Richard E. Anderson; thence by Lot No.9 and Lot No. 10 on Subdivision for Richard E. Anderson, South 72 degrees 40 minutes 32 seconds East 299.94 feet to a point, the place of BEGINNING. CONTAINING 1.0286 acres, more or less. BEING all of Lot No.7 on Plan of Holly Estates, and known and numbered as 19 Holly Estates Drive, Gardners, P A 17324. BEING the same premises which, by their Deed dated September 15, 1992 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, at Deed Book 35-W, page 1032, John A. and Patricia M. Koudson granted and conveyed unto Patricia M. Koudson, n!blrnlkla Patricia M. Sobotor, Grantor herein. Under and subject to any all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. File#: 93131 VERlFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe 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, 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. l~;; /-iLf Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: &/22/0f.( ~(.::I~ %-l~ .... L. Q; ~ ~ V ..c (). ~ fQ (,::-'." € C'::' V.J' .-\ (. -',- ~' .; c..' ',l' " - SHERIFF'S RETURN ~ REGULAR CASE NO: 2004-02895 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA ET AL VS SOBOTOR PATRICIA M ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOBOTOR PATRICIA M the DEFENDANT at 1911:00 HOURS, on the 15th day of July 2004 at 19 HOLLY ESTATES DRIVE GARDNERS, PA 17324 by handing to MICHAEL SOBOTOR, ADULT IN CHARGE 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 Service Affidavit Surcharge So Answers: 18.00 8.14 .00 10.00 .00 36.14 ~~Z;~<,~ R. Thomas Kline 07/16/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: 7 -t-.-fL- Deputy Sheriff me this ;J l,t-/- day of OM dmJ'f A.D. ( ) u- 0 [lv1;,.. AflAI: . p~honotary IJr J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02895 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA ET AL VS SOBOTOR PATRICIA M ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOBOTOR MICHAEL P the DEFENDANT , at 1911:00 HOURS, on the 15th day of July , 2004 at 19 HOLLY ESTATES DRIVE GARDNERS, PA 17324 by handing to MICHAEL SOBOTOR 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 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~-~~ R. Thomas Kline 07/16/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: v--- /~ Deputy Sheriff me this .;ll A.-i day of lli ,){JV'f A.D. '(1 L Q, 1M."),.,, (~ ~thonotary ,-/-, PHELAN HALLINAN & SCHMIEG, LLP Lawrence 1. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WACHOVIA BANK, N.A., FfKlA FIRST UNION NATIONAL BANK, AS TRUSTEE OF THE AMORTIZING RESIDENTIAL COLLATERAL TRUST, 2000-BC2 Plaintiff Court of Common Pleas CUMBERLAND County No. 04-2895 vs. PATRICIA M. SOBOTOR MICHAEL P. SOBOTOR Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, 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. 2bL(~~ Date , (if By: h,,'1/'~ ~~ - Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff - )."'" -;'J';J ; ') ':;;l: N -{~ -.,.. c.P