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HomeMy WebLinkAbout06-4301 PHELAN 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 137993 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D~- '-{ 301 ~ TI-o- v. CUMBERLAND COUNTY JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTO, PA 17011 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 plainIiff. 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 Fi.le #: \37993 File #: 137993 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, TlUS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is WELLS FARGO BANK, N.A. 3476 ST ATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name( s) and last known address( es) of the Defendant( s) are: JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTO, PAl 70 II who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/25/1991 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to UNITED SAVINGS ASSOCIA nON OF TEXAS, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1032, Page: 1132. By Assignment of Mortgage recorded 05/02/2005 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book: 717 Page: 1018. 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 04/0 I /2006 and each month thereafter are due and unpaid, and by the tenns 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#: 137993 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2006 through 07/25/2006 (Per Diem $0.34) Attorney's Fees Cumulative LaIe Charges 10/25/1991 to 07/25/2006 Cost of Suit and Title Search Subtotal $4,510.55 49.98 1,250.00 118.17 $ 550.00 $ 6,478.70 Escrow Credit Deficit Subtotal - 906.36 0.00 $- 906.36 TOTAL $ 5,572.34 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 I 974, 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 temrinated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This acIion does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rlm1 Judgment against the Defendant(s) in the sum of$ 5,572.34, together with interest from 07/25/2006 aI the rate of $0.34 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~LIN.AN s71(1~<- . / rancis S. Hallinan L RENeE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff By: File #: 137993 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the southern line of Pine wood Drive, said point being at the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 22 degrees 55 minutes East, one hundred twenty-two and seventy-seven hundredths (122.77) feet to a point; thence North 67 degrees 05 minutes East, ninety (90) feet to a point at the dividing line between Lots Nos. 8 and 9 on said plan; thence along said dividing line North 22 degrees 55 minutes West, one hundred twenty-two and seventy-four hundredths (122.74) feet to a point on the southern line of Pine wood Drive; thence continuing along the southern line of Pine wood Drive, South 67 degrees 05 minuIes West, ninety (90) feet to a point, the place of BEGINNING. BEING known as 312 Pinewood Drive. BEING Lot No.8, Block "on Plan No.8 of Shireman Manor Extension, said Plan being recorded in the Cumberland County Recorder' Office in Plan Book 23, Page 10. BEING all the same premises which Bel-Aire Homes, Inc. by their Deed dated April I 1, 1973, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland CounIy, Pennsylvania, in Book C25, page 807, granted and conveyed unto Leonard J. Mudry and Maureen E. Mudry, his wife, Grantors herein. File #: 137993 VF,RTlITC'A TTON 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 on 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 his 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 falsification to authorities. ~JL DATE: lllf(~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff \\ ~,- ~~ ~~ f~ ,-" ~"-~ , ~ ~t j 1U - ~ ,. ~. .-:> '^ ...s> 0-.., y, ;:, ~ :71 ,,, -) Q. c; V --- - ',"\ _.,.... ' '" " PHELAN HALLINAN & SCHMIEG, LLP t BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. I ATTORNEY FO~ PLAINTIFF I I I I I I Court of qommon Pleas Plaintiff Civil Divjsion vs. CumberlaPd County Jeffrey L. Frymoyer Defendant( s) No. 06-4~01 PRAECIPE TO THE PROTHONOTARY: I I I X Please mark the above referenced case Discontinued and EndFd without prejudice. I I I I _Please mark the above referenced case Settled, Discontinued mid Ended. I Please mark Judgments satisfied and the Action settled, disco*tinued and ended. : I I Please Vacate the judgment entered and mark the action disc~ntinued and ended without prejudice. I Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~f)p/lv I t, #J 1; Francis S. Hallinan, Es uire Attorney for Plaintiff PHS# 137993 ~ ~ eli I" -0 , Q:) -0 :1-:' ~!\ ......\ :r:-n p1p': _orn -,it:(! "~,~:-~\ ~' '~1J:~ ~::::\ """ ~ (-::: o rv - SHERIFF'S RETURN - REGULAR CASE NO: 2006-04301 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS FRYMOYER JEFFREY L MICHAEL 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 FRYMOYER JEFFREY L the DEFENDANT , at 1120:00 HOURS, on the 7th day of August , 2006 at 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 by handing to JEFFREY L FRYMOYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. 18.00 22.88 .00 10.00 .00 50.8S::l c;IJ~/04 9- Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~<~ R. Thomas Kline day 08/08/2006 PHELAN HALLINAN SCHMIEG BY'~~ Deput~erJ.ff before me this of A.D.