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Home My WebLink About05-3230PHELAN HALLINAN & SCHMIEG, 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 WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2004-OPT 4 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2004-OPT4 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 Plaintiff V. LEANDER A. LEDEBOHM JANET L. MAXWELL 5214 DEERFIELD AVENUE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n NO. DS ' 3a36 CUMBERLAND COUNTY 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File 4 : 118118 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. 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# 118118 Plaintiff is WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2004-OPT 4 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2004-OPT4 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 2. The name(s) and last known address(es) of the Defendant(s) are: LEANDER A. LEDEBOHM JANET L. MAXWELL 5214 DEERFIELD AVENUE MECHANICSBURG. PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/09/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OPTION ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1857, Page: 2858. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2004 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 #: 118119 6. The following amounts are due on the mortgage: Principal Balance $172,733.85 Interest 6,504.80 1/01/2004 through 06/23/2005 (Per Diem $27.68) Attorney's Fees 1,250.00 Cumulative Late Charges 431.13 03/09/2004 to 06/23/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 181,469.78 Escrow Credit 61.59 Deficit 0.00 Subtotal $- 61.59 TOTAL $ 181,408.19 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 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. 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 $ 181,408.19, together with interest from 06/23/2005 at the rate of $27.68 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 n. By: /s/FrancisS. Halli? LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 118118 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Good Hope Farms, Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Westerly line of Deerfield Avenue at the dividing line between Lots Nos. 8 and 9 of Section'B' as shown on the hereinafter mentioned plan of lots; thence by the Westerly line of Deerfield Avenue, South 01 degree 50 minutes East, 100 feet to a point in the dividing line between Lots Nos. 8 and 7 of Section 'B'; thence by said dividing line, South 88 degrees 10 minutes West, 131.45 feet to a point in the line of land now or formerly of Cumberland Valley Joint School Authority; thence by the line of said last mentioned lands, North 01 degree 48 minutes West, 100 feet to the dividing line between Lots Nos. 8 and 9; thence by said dividing line, North 88 degrees 10 minutes East, 131.39 feet to the place of BEGINNING. BEING Lot No. 8, Section 'B', as shown on Plan No. 2 of Good Hope Farms, which plan was on March 3, 1966, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 17, Page 57. BEING improved with a dwelling house and attached garage, known and numbered as 5214 Deerfield Avenue, Mechanicsburg, PA. BEING the same premises which FEDERAL NATIONAL MORTGAGE ASSOCIATION by Indenture bearing date January 21, 1998 and recorded in the Office of the Recorder of Deeds in and for the County of CUMBERLAND, State of Pennsylvania in Deed Book 171 page 288 granted and conveyed unto JANET L. MAXWELL, in fee. File #: 118118 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 unworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: Z. 73 ?o SHERIFF'S RETURN - REGULAR CASE NO: 2005-03230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS LEDEBOHM LEANDER A ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvai says, the within COMPLAINT LEDEBOHM LEANDER A DEFENDANT , at 1813:00 at 5214 DEERFIELD AVENUE MECHANICSBURG, PA 17050 JANET L MAXWELL, a true and attested copy of Zia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 27th day of June 2005 by handing to ADULT IN CHARGE COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this 5-s- day of Joe " A. D. rothonotary So Answers: R. Thomas Kline 06/28/2005 PHELAN HALLINAN SCHMIEG By: ? 4,A- De tyDe Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK VS LEDEBOHM LEANDER A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAXWELL JANET L the DEFENDANT at 1813:00 HOURS, on the 27th day of June , 2005 at 5214 DEERFIELD AVENUE MECHANICSBURG, PA 17050 by handing to JANET L MAXWELL 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me (thins ST day of ? 6 ,L Z w/nG? i A Dn o? i ?ot 1 P othonotary So Answers: R. Thomas Kline 06/28/2005 PHELAN HALLINAN SCHMIEG By. Depu Sheriff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA., AS TRUSTEE FOR ABFC 2004-POT-4 TRUST, ABFC ASSE-BACKED CERTIFICATES, SERIES 2004-OPT4 Plaintiff vs LEANDER'A. LEBEBOHM JANET L. MAXWELL Defendant : I Court of Common Pleas : I Civil Division : I CUMBERLANDCounty : I No. 05-3230 PR AECiPE 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 action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 Francis Hallinan Attorney for Plaintiff t , C ?i Curtis R. Long Prothonotary office of the Protbonotarp (fumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CAS - 3.2.3 6 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573