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HomeMy WebLinkAbout06-6366 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Duane J. Bowers (Mortgagor and Real Owner) and Tina M. Bowers (Mortgagor) 922 Thornton Avenue Mechanicsburg, PA 17055 Defendants #19925-CS CFC Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: Dl..c, -1.3U do~LIetl.""l CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO TIENE ABOGADO VA Y A EN PERSONA 0 TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA T AR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRA TAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO 0 GRA TUlTO. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE 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 VERIFICA TION 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 A TE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Duane J. Bowers (Mortgagor and Real Owner) and Tina M. Bowers (Mortgagor) 922 Thornton Avenue Mechanicsburg, PA 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE COURT OF COMMON PLEAS Cumberland COUNTY Case No: 1. Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., and formerly known as Norwest Mortgage, Inc., a bank organized and existing under state law, with offices for the conduct of business at 3476 Stateview Boulevard, Fort Mill, SC 29715. 2. Defendant, Duane J. Bowers is Mortgagor and Real Owner and Defendant, Tina M. Bowers is the Mortgagor of premises 922 Thornton Avenue, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owner to First Advantage Mortgage Corporation on January 20, 1993, which mortgage was recorded on January 22, 1993 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1114, Page 739, secured on premises 922 Thornton Avenue, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to Norwest Mortgage, Inc., which Assignment was recorded on May 17, 1993 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 444, Page 493. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 2006 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 05/01/06 to 10/30/06 At $18.38 per diem Accrued late charges to 10/30/06 Accrued Escrow deficit to 10/30/06 $83,871.61 $ 3,363.54 $ 120.99 $ 512.96 Corporate Advances Attorney's fee (5% of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations $ 16.42 $ 4,193.58 $ 515.00 $ 50.00 $ 10.00 TOTAL $92,654.10 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. The original principal balance of the mortgage involved in this action was $109,150.00, therefore this action does not come within the purview of Act 6 of 1974. 11. The mortgage involved in this action was insured by the Federal Housing Administration, therefore the mortgagors are not eligible for the assistance made available through the Homeowner's Emergency Mortgage Assistance Act of 1983. WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $92,654.10, plus judgment per diem interest at $18.38 from October 31, 6 to the date of Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: Title: Vice President Loan Documentation LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania bounded and described as follows: BEGINNING at a point on the Northern line of Thornton Drive at the Southwest corner of Lot No. lIon the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 11 and 12 North 6 degrees, 57 minutes West One hundred Forty-three (143) feet to a point; thence South 83 degrees, 04 minutes, West Ninety-three (93) feet to a point; thence by the dividing line between Lots Nos. 12 and 13 South 6 degrees, 57 minutes, East One hundred Forty- three (143) feet to a point on the Northern line of Thornton Drive; thence by the Northern line of Thornton Drive North 83 degrees, 03 minutes East Ninety-three (93) feet to a point, the place of beginning. BEING Lot No. 12 in the Plan of Lots of Jacob S. Stoner, Tract No.2 which plan is of record in the Cumberland County Recorder's Office in Plan Book 14 at page 39. Tax Map 30-2108 Parcel 057 EXHIBIT ~ )i ("::) "4 1- V'l '"" .U\ 0 ("'..;:::l 0 C c.:-::,) ., 0'.... "'...;'. "4 V\ c::> 2=::rJ C-' "' -....... · .11-- --- ~ j"T1 ~ en c....., 9((0 >-.J r-. ~ '"iJ ~~t CI) ..c:. r:: _"'!:.. ~ ) Iii ( c..:> ~':I '. ~ C...) 5:J 01 -< -- Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff vs. Case No: 06-6366 Civil Term Duane J. Bowers(Mortgagor and Real Owner) : and Tina M. Bowers(Mortgagor) Defendant( s) PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly Discontinue and End without prejudice the above ca tioned matter. M~a E. Von Rosenstiel A~orney for Plaintiff Dated: November 15,2006 #19925-TM r---:> c.::> C~:'> 0-'" -.J ~_.J (.~) N (.,) C:':J ;< . " SHERIFF'S RETURN - REGULAR CASE NO: 2006-06366 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BOWERS DUANE J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWERS DUANE J the DEFENDANT , at 1935:00 HOURS, on the 14th day of November I 2006 at 922 THORNTON AVENUE MECHANICSBURG, PA 17055 by handing to DUANE BOWERS a true and attested copy of COMPLAINT & NOTICE 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 8.80 .00 10.00 .00 36.80/ J;l/O~ / c(, .?"~~ R. Thomas Kline ..., 11/15/2006 MARTHA VONROSENSTIEL \~~ Sworn and Subscibed to By: t9y ~ Sheriff before me this day of A.D. . .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06366 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS BOWERS DUANE J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWERS TINA M the DEFENDANT , at 2006:0~ HOURS, on the 14th day of November, 2006 at 20 W KELLER STREET MECHANICSBURG, PA 17055 by handing to TINA M BOWERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. 6.00 8.80 .00 10.00 .00 24.80v/ C~ I)./o({' lol,- Sworn and Subscibed to Sheriff's Costs: Docketin9 Service Affidavit Surcharge So Answers: ~~;-<#/~~ R. Thomas Kline 11/15/2006 MARTHA VON ROSENSTIEL day ~ She~ By: before me this of A.D.