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HomeMy WebLinkAbout04-5874 FEDERMAN PHELAN, LLP 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 A TIORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, S/BIM TO WASHINGTON MUTUAL HOME LOANS, INC., FIKIA PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. O<f- 5 K1'-( ~ II--- v. CUMBERLAND COUNTY RONALD WELLER NKJ A RONALD A. WELLER NKJ A RON A. WELLER 80A GREENWOOD CIRCLE LEMOYNE, P A 17043 Defendant 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON 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 MA Y 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 #: 98347 File #: 98347 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 OBT AIN 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 EST ATE. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., FIKJA PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: RONALD WELLER NKIA RONALD A. WELLER NKI A RON A. WELLER 80A GREENWOOD CIRCLE LEMOYNE, P A 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/22/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1401, Page: 322. By Assignment of Mortgage recorded 06/10/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 615, Page 763. Said mortgage was modified as set forth in the modification agreement recorded 06/1 0/1999, in Mortgage Book No. 615, Page 765. 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 03/01/2004 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. File #: 98347 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 11/18/2004 (Per Diem $153.45) Attorney's Fees Cumulative Late Charges 08/22/1997 to 11/18/2004 Cost of Suit and Title Search Subtotal $759,456.77 44,807.40 1,250.00 828.81 $ 550.00 $ 806,892.98 Escrow Credit Deficit Subtotal 0.00 67,714.39 $ 67,714.39 TOTAL $ 874,607.37 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs 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) 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. 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 $ 874,607.37, together with interest from 11/18/2004 at the rate of$153.45 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. FE~ERMAN PHELA~L - By: 'J-..-~&lll LA ~~~CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff file #: 98347 ALL THAT CERTAIN piece or parcel of land situate within the Plan of Pennsboro Manor, Revise~f, which Plan has been duly recorded in the Office for the Recorder of Deeds in and for the County of Cumberland, State of Pennsylvania, in Plan BQok 3, page 6, located and situated in the Borough of Wormleysburg, CUmberland County,. Pennsylvania, more particularly bounded and described as follows: . BEGINNING at a stake on the Eastern line of Greenwood Circle at the Northern line of other lands of the Grantees herein; thence along the Eastern line of Greenwood Circle in a generally Northwardly direction by.a curve to the left having a radius of One Hundred (100) feet, an arc distance of. One Hundred Three and Forty-six One Hundredths (103.46) feet to a stake at the Southern line of lands'now or late of Dr. Francis Hall; thence along said Southern line of said last mentioned property in a generally Eastwardly direction North Porty-four (44) degrees No COO) minutes East Two Hundred Fifty-three and Ninety-three One Hundredths (253.93) feet to a stake on the Western right of way line of th~ Penna. Railroad Company; thence along said right of way line of Penna. Railroad Company in a generally Southeastw~rdly direction South Forty-six (46) degrees No (00) minutes East Three Hundred Seventy-one and Eighty-three One Hundredths (371.83) feet to a point on the Northern right of way line of Penna. State L.R. No. 708; thence along said last mentioned highway right of way in a generally Southwestwardly direction the following Two courses and distances: 1) South Forty-three (43) degrees Fifty (50) minutes Thirty (30) seconds West One Hundred Twenty-two and Eighty-three One Hundredths (122.83) feet; 2) by a curve to the left having a radius of Five Thousand Seven Hundred Twenty-nine and Sixty-one Hundredths (5,729.60) ~eet an arc distance of One Hundred Eleven and Forty-three One Hundredths (111.43) feet to a stake at line of other lands. of the Grantees herein; thence along said other lands of the Grantees herein the folloowing Two courses and distances: 1) in a generally Northwestwardly direction North Forty (40) degrees Five (OS) minutes West Two Hundred Fifty and Seventy-eight One Hundredths (250.78) feet to a stakei 2) in a generally Westwardly direction South Sixty-seven (67) degrees Six (06) minutes West One Hundred Thirteen and Forty-nine One Hundredths :(113.49) feet to a stake on the Eastern line of Greenwood Circle, the Place of BEGINNING. CONTAINING Two and Twenty-three One Thousandths (2.023) acres. BEING the same premises which Sondra S. Osler by Deed dated January 28, 1997 and recorded in CUmberland County, in Deed Book lS3 page 441 conveyed unto Ron A. Weller. PREMISES BEING:80A GREENWOOD CIRCLE 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, 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. ~~ S-~~ F~:is S. Hallinan, Esquire Attorney for Plaintiff DATE: \ (1/1/6'1 ... (j '" t> c: ~ \f? ...,~ ~ :::.... ~ :::::J ;P t;u - lrT; <:::) ::t::n ~ ~ ~Ft --r.:- r1"/r""=' f:b N -O? (3 ~l) N r::...~)U w -S !<.~ C; -0 :-l.~ "'r, ...... 0.; 2;',;c; ~ r'):T:j 09 <: " :t~() v-.. ~ s::;: <_J (':5 rn c: s.> ~ \.).; v\ ::.?: ~:! ~ ~ -:1 (/'I :]) V', ~ -( \D """,' -.) PHELAN HALLINAN & SCHMIEG BY: FRANCIS S. HALLINAN 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, FA, S/B/M to Washington Mutual Home Loans, Inc., F/KIA PNC Mortgage Corp. of America Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County Ronald Weller A1K1 A Ronald A. Weller A/KI A Ron A. Weller Defendant No. 04-5874 PRAECIPE TO THE PROTHONOTARY: 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 aCltion discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:$L - q% ~ ~M;~' }~ ranClS S. Hallman, EsqUIre Attorney for Plaintiff (') ...., 0 C:::> C <:::::> -n :<-"- ..z- -"'" 0 :;:l -o!T~ n-,(;-, ,." ffi:D -",.,.....-, n r- .:.... _t_ -urn ze- N (I) A' OJ :ny -<::.0:::":" 00 r:'" :-:::I.,., ~'-~ -u ,i:.):p c::.: (-, ....,~. L.(-, ......-, -.,..() J>C N ~~.;m '::::1 Z -C::-- ~ .s;:- ::;0 co -'::: SHERIFF'S RETURN - REGULAR CASE NO: 2004-05874 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS WELLER RONALD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WELLER RONALD AKA RONALD A WELLER AKA RONA A WELLER the DEFENDANT , at 1733:00 HOURS, on the 7th day of December, 2004 at 80A GREENWOOD CIRCLE LEMOYNE, PA 17043 by handing to RONALD WELLER 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 18.00 11.84 .00 10.00 .00 39.84 So Answers: r">>?.d~ R. Thomas Kline Sworn and Subscribed to before By: PHELAN} ~ I~#l~ Deputy Sheriff 12/08/2004 FEDERMAN & me this 1 ~ day of (h .2DV5~ A.D. /1. -WI Q M.L.dh/ AJ~ ~I Prothonotar~--'-'