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Home My WebLink About02-4832 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MT. LAUREL, NJ 08054 ATTORNEY FOR PLAlNTITF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. C~ - 'IPJ~C'uJ,..'-r~ v. CUMBERLAND COUNTY DOUGLAS R. HARMS JANETTE M. HARMS 29 GREENMONT DRIVE ENOLA, P A. 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 TillS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #, 0003081999 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04832 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HARMS DOUGLAS R ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARMS DOUGLAS R the DEFENDANT , at 2100:00 HOURS, on the 9th day of October ,2002 at 29 GREENMONT DRIVE ENOLA, PA 17025 by handing to DOUGLAS HARMS 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: 18.00 10.35 .00 10.00 .00 38.35 r~~ R. Thomas Kline 10/10/2002 FEDERMAN & PHELAN me this <e: /'I day of ~uw-n~ \6.U Sworn and Subscribed to before By: Deputy Sheriff @e.ti:L. .hM -L A.D. ~~~. () AJh~ ~ othonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2002-04832 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HARMS DOUGLAS R ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARMS JANETTE M the DEFENDANT , at 2100:00 HOURS, on the 9th day of October ,2002 at 29 GREENMONT DRIVE ENOLA, PA 17025 by handing to DOUGLAS HARMS 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 .00 .00 10.00 .00 16.00 _?,?'"(//'~/ vA -, ..../::~~'~_.;.o'~:~~~< .L~ R. Thomas Kl ine ,f 10/10/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: \:) Cl.L0'n ~. ~ Deputy Sheriff me this 1'1 ~ day of (}t,i;:L, ,2 0tJ .L A. D. (;.';jd' 0 flt.ik, ~ rothonotary , IF TillS 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. ".,It.... ."..... , ..,.-4 ""-,~ n,." , I'''''l ~... ..j "......j "'''1'_' 1. Plaintiff is CENDANT MORTGAGE CORPORATION FIK/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: DOUGLAS R. HARMS JANETTE M. HARMS 29 GREENMONT DRIVE ENOLA, PA. 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. """,000;. ,;".." 3. On 10/29/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 831. By Assignment of Mortgage recorded 11/1/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 629, Page 113. 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 5/1/02 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. 1..,It....,, 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1/02 through 9/1/02 (Per Diem $27.92) Attorney's Fees Cumulative Late Charges 10/29/99 to 9/1/02 Cost of Suit and Title Search Subtotal $123,711.31 4,299.68 1,250.00 234.50 550.00 $130,045.49 ".... Escrow Credit Deficit Subtotal 0.00 986.00 $ 986.00 TOTAL $131,031.49 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. SI680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. ""..."., WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,031.49, together with interest from 9/1/02 at the rate of $27.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE AN AND Pj~~P By: ~llinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff " .... ~ ,."....... ,.",..., ~ ".,,..,,,., ALL THAT CERTAIN piece or parcel orland. situate in the: Township afEast Pennsboro. County of Cumberland and Commonwealth oCPennsylvania. bounded and dcsbribed otS Follows. to wit: BEGINNING at a point on the western legal right-of-way line of Greemnont Drive. at the northeast corner of'Lo[ No. 28.. Penn :Hills (plan Book 61, Page 79); thence alon2 the northen line of said Lot No. 28, South 81 degrees 3S minutes 00 seconds West a distance 0['112.00 feet to a point on the casten line oCLat No. 146 on me hereinafter described Final Subdivision Plan; thence alone the eastern line ofaaid Lot No. 146. North 08 degrees 2$ minutes 00 seconds West, a d.istance oC69.QO feet to a point at the southwest eorncro.fLot No. 140 on the hereinafter described Final Subdi"lision Plan;, thence along the southern. line of said Lot No. 140. North 81 dc~ 35 minutes 00 seconds East. a distance oC 112.00 feet to a. point on the western legal right-of-way tine of Greenmont Drive; thence along the western legal right-of-way line of Greenmont Drive., South 08 degiees 2S minutes 00 sec:onw. East. a dist6U1cc of 69.00 feet to a point at the northeast comer ofLat No. 28. Penn Hills (plan Book 61. Page 79). the point and place ofBEGINNlNG CONTAINING 7.728.00 square .feet. more oiless. BEING Lot No. 141. PreUminarylFinal Subdivision Plan. LaUX'el Hills North. Lot No.5 and Lot No.7. dared December 13. 1995. recorded in the Oroce oithe Recorder of Deeds of CwnbcI'land County. PennsylVania in Plan Book 71. Page 117. BE.I:Z\"G Il\1PROVED with iI dwelling known as 29 Grecnmont Drive. SUBJECT TO an Eucment for utility installation and maintenanoo which is Tescrved on all lots and such other easements. as maybe shoWt1 in recorded documents. grantr:d to Public Utility C:O~pan~es for utili,,?, pruposes. Blectric service "Vi11 be supplied. only from the undergoumd d.latnbutJ.on system U1 accordance with then current PP&.L Company tariff provisions. UNDER AND SUBJECT,. NEVERTHELESS to restrictions. easements set-bock lines and conditions as now appear ofrec:on:t . BE!NG the same promises which Laurel Hills Development Corp.. a Pennsylvania corporation. by Its deed dated November 12. 1997.and recorded in the Office oIthe Rec:ordcr of Dc cds of CwnberIan<1 Co~ty. Pennsylvani~ in Deed Book 168, Page 777. gntntcd and conveyed unto Joseph R.. Wenenck and. Pam S. Wenerick" his wife, the Gra.ctors herein. VERIFICA nON MARC J. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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. ~I JLij DATE: qj,~JOd- 7V(J-lQ f- i & ~ ~ (3 'v ~ ~ ~ :2 p:: ~ (") F ...,..,'-'''. n'c-'n,' ~}!.!...: (~ l,~ r':::: ~c) :i-;c: c:: L ::< C") f,) a !-) '..... I C.: ~~~ , .::--:j Sj -< :n eJl e PHELAN HALLINAN & SCHMIEG, LLP 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 PHH Mortgage Corporation, 1Jk/a Cendant Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Curnberland County Douglas Harms Janette M. Harms Defendant(s) No. 02-4832 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 a!ld mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~A:O rudt Francis S. Hallinan, Esquire Attorney for Plaintiff ~ o ~; .....' C"..'> c..'> cJ' c/'J ,,-,\ '-0 N (".) -;~ '.:2 ;i S? .::j ff,f1 ~1""I'm .,)CJ ~:~l 1.. ':::-~',~!, zj~ ::.;rn ~:::t ~ 'C< ;;:"" .- o 0:>