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Home My WebLink About02-5027FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK P.O. BOX 1711 HARRISBURG, PA 17105-1711 Plaintiff DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - I,AW COMPI,AINT IN MORTGAGE FOREf?!,O~IFRE 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF 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, PA 17013 (717) 249-3166 Loan #:50068619 RMS 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. Plaintiff is WAYPOINT BANK F/K/A HARRIS SAVINGS BANK P.O. BOX 1711 HARRISBURG, PA 17105-1711 The name(s) and last known address(es) of the Defendant(s) are: DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/10/95 SHIRLEY L. HORNER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1254, Page 420. 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 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 2/1/02 through 10/1/02 (Per Diem $8.95) Attorney's Fees Cumulative Late Charges 3/10/95 to 10/1/02 Cost of Suit and Title Search Subtotal $42,137.92 2,174.84 1,250.00 98.22 55000 $46,210.98 Escrow Credit 0.00 Deficit 0.00 Subtotal $ o oo TOTAL $46,210.98 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 mortgaged premises is vae. ant and ahan&med. Plaintiff hereby releases SHIRLEY L. HORNER, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $46,210.98, together with interest from 10/1/02 at the rate of $8.95 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FR3~NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Ali that certain lot of ground situate in tl~e ~econd ward of the Borough of Carlisle, CumberlAnd County, Pemtsylvanla, bounded and described as folloW~. formerly of Louise A. Slteffer; on tl~e f.~sc uy ~nu ~:~u_, · ~.p.:,.u,_ ~nnimoe on'South ~ Street ofmgeen ami onc--.m-~*~--,-.- _ -, ..... ~ee~, more or less: end bering erected a two and orie-n~if story er~cx I~ouse and known as 3~ South East Street. BEING the sa~ p~mlse wbic~ Karen F-. Snyder.~nd .ced da~d. Ma~, 9,1~ and ~o~ed i. ~e gE&t22,... ~-un~ ~yh. nil, ~ Deed BoO~ ~d co~ u~o D~ora~ L~n Ou~on, Grantee he.In 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 tree 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 unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF'S CASE NO: 2002-05027 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RETURN - NOT FOUND WAYPOINT BAlqK VS CLUGSTON DEBORAH R. Thomas Kline duly sworn according to law, says, that inquiry for the within named defendant, CLUGSTON DEBORAH ,Sheriff or Deputy Sheriff, who being he made a diligent search and DEFENDANT unable to locate Her in his bailiwick. COMPLAINT - MORT FORE but was He therefore returns the NOT FOUND as to the within named DEFENDANT CLUGSTON DEBORAH HOUSE IS VAC~T. PER POST OFFICE, CLUGSTON MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit S.00 Surcharge 10.00 .00 36.45 R. s Kline / Sheriff of Cumberland County FEDERHAN & PHELAN 10/30/2002 Sworn and subscribed to before me this ~ ~ day of Pro~h~onotary - FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 S) 563-7000 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs. DEBORAH CLUGSTON Defendants Attomey for Plaintiff : COURT' OF COMMON PLEAS : CIVIL, DIVISION Cumberland County : No. 0.2-5027 PRAECIP'E TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage with reference to the above captioned matter. Foreclosure Date: November 20, KMB, SVC DEPT 2002 Attorney for Plaintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Atty. I.D. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Ve DEBORAH CLUGSTON ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5027 CUMBERJLAND COUNTY PRAECIPE TO THE PROTHONOTARY: X A. Plaintiff hereby withdraws the complaint filed in this matter. Please mark this case discontinued and ended without prejudice. B. Please mark this case settled, discontinued and ended. l~rank Federman Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS CLUGSTON DEBORAH R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CLUGSTON DEBORAH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 3rd , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 32.00 .00 69.00 02/03/2003 FEDERMAN & PHELAN So answers: ...... / / R. ~Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~_~c day of ~~ -~_~ A.D. / j Pr-~%honota~y ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-00224 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN WAYPOINT BANK ET AL VS DEBORAH CLUGSTON KENNETH HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORT FORECLS was served upon CLUGSTON DEBORAH the DEFENDANT at FCSO CHA~4BERSBURG, PA 17201 , at 0016:10 Hour, on the 12th day of December , 2002 157 LINCOLN WAY EAST by handing to DEBORAH CLUGSTON a true and attested copy of COMPLAINT-MORT FORECLS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 .00 32.00 So Answers: KENNE~ . HALL ~ . ~ ~8/ Deput~/ Sherifi~ 12/ /2002 FEDERMAN AND PHELAN Sworn and Subscribed to before me this_ /~ day of ~3; ~~ A.D. Patricia A. Strine, Notary Public Chambersburg Boro, Franklin County ~ Commission Expires Nov. 4, 2004 THOMAS KLINE Shedff F:=DWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF Qne Cou~house Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Depu.h/ JODY S. SMITH Real Estate Deputy TO: Franklin County Sheriff P~: Waypoint Bank VS Deborah Clu§ston 02-5027 civil' Dear Sir: Enclosed please fmd Notice & complaint in Mortgage Foreclosure t° be served upon Deborah Clugston 346 Stonegate Court Chambersburg, PA 17201 in your County. ' Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, . · R. Thomas Kline, Sheriff Cumberland County, Pennsylvania 'Enclosures: