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HomeMy WebLinkAbout06-7325 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 146315 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM No,O&-732.5 CiviL v. CUMBERLAND COUNTY JEFFREY L. FRYMOYER 86 QUEEN A VENUE ENOLA, PA 17025 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 A T ONCE, IF YOU DO NOT HAVE A LA WYER, 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 MAYBE 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, P A ] 70] 3 (800)990-9 I 08 File#: 146315 File # 146315 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 MA Y 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 HA VE 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. 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) of the Defendant(s) are: JEFFREY L. FRYMOYER 86 QUEEN A VENUE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/1986 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 817, Page: 989. By Assignment of Mortgage recorded 08/28/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 653, Page 595. 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 09/01/2006 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#: 146315 6, The following amounts are due on the mortgage: Principal Balance Interest 08/01/2006 through 12/28/2006 (Per Diem $7,69) Attorney's Fees Cumulative Late Charges 05/30/1986 to 12/28/2006 Cost of Suit and Title Search Subtotal $28,427.71 1,153.50 1,250.00 45.84 $ 550.00 $ 31,427.05 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 31,427.05 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, The mortgage premises are vacant and abandoned, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 31,427.05, together with interest from 12/28/2006 at the rate of$7.69 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. By: /s/Francis S, Hallinan LA WRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146315 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Queen Avenue (50 feet wide) at the northeastern corner of Lot No.7 on the hereinafter mentioned Plan of Lots; thence along the southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20, feet to a point at the northwestern corner of Lot No.9 on said Plan; thence by Lot No, 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of20 feet to a point at Lot No, 7; thence by Lot No, 7 North 21 degrees 30 minutes West a distance of 150 feet to a point, the place of BEGINNING. BEING Lot No.8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D, p, Reaffensperger Associates, Camp Hill, PA., and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77, HA VING THEREON ERECTED a townhouse known as and numbered 86 Queen Avenue. BEING the same premises which Robert D. Leisenring and Donna R. Leisenring, his wife, Scott Leisenring, Keith Leisenring, Brian Leisenring, Edwin Stoner and Richard Carl, partners, by deed dated April 30, 1979 and recorded in the Cumberland County Recorder of Deed's Office in Deed Book 28-L, Page 165, granted and conveyed unto the Grantors herein. William F, Rothman, Charles F. Schubert & Samuel L. Reed, partners in Rothman, Schubert & Reed, a partnership, join in this conveyance because of a recorded agreement of sale dated February 7th, 1986 and recorded in the Cumberland County Recorder's Office and are also the Grantors herein. File# 146315 VF,RTFT~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. h/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: /46kYft >- en S? N \-'" .. C LU.cc ()/. F~.~- ~ '; c:: ,:) ,...1.., 0\ W N ~l'j (....,) 1...1- :r:. L:.J l- Cl LL ~ o = ("--..J -:2 ci ~u N")-C ~a... \l) ~ () :t. ~\!) 1J1 Yl ~ -t5 '\i) -~ 0- ~ ~ NJ <) \0 .....) \0 if . ~ PHELAN HALLINAN & SCHMIEG, LLP . BY: FRANCISS. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc. ATTORNEY FOR PLAINTIFF : Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey L. Frymoyer Defendant( s) : No. 06-7325 PRAECIPE TO THE PROTHONOTARY: X 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ~/tr/ ~m/;~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 146315 r;;; s '- ~ - \- e c --.7 -, =2 N \.D -0 -"'" ~ ;;::- ~ ~-n rnc -r";,1"1 "r..JY ~tA Cl ::,4 ~ - .' SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07325 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS FRYMOYER JEFFREY L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FRYMOYER JEFFREY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , FRYMOYER JEFFREY L 86 QUEEN AVENUE ENOLA, PA 17025 86 QUEEN AVENUE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.20 5.00 10.00 .00 -I 46.20 0" I.a.~~ County PHELAN HALLINAN SCHMIEG 01/10/2007 Sworn and Subscribed to before me this day of A.D. y, SHERIFF'S RETURN - REGULAR CASE NO: 2006-07325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS FRYMOYER JEFFREY L TIMOTHY REITZ , 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 1325:00 HOURS, on the 8th day of January , 2007 at 312 PINEWOOD DRIVE APT R 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. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 10.56 .00 10.00 .00 26.56/1 \').:~ ~~r.-'<~ R. Thomas Kline 01/10/2007 PHELAN HALLINAN SCHMIEG before me this day ~~ By: J <L ' 7 Depu y sh~riff Sworn and Subscibed to of A.D.