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Home My WebLink About02-5183FEDERMAN 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 CHASE MORTGAGE COMPANY-WEST F/FdA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oa CUMBERLAND COUNTY JAMES R. STAUB, JR. LORI A. STAUB 119 CENTER STREET ENOLA, PA. 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 THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 #: 5721417899 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 AI~ER 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 CHASE MORTGAGE COMPANY-WEST F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JAMES R. STAUB, JR. LORI A. STAUB 119 CENTER STREET ENOLA, PA. 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/24/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNION MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1504, Page 534. By Assignment of Mortgage recorded 11/23/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 631, 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 6/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 5/I/02 through 9/1/02 (Per Diem $15.92) Attorney's Fees Cumulative Late Charges 11/24/98 to 9/1/02 Cost of Suit and Title Search Subtotal $89,383.32 1,974.08 1,225.00 29.51 550.00 $93,161.91 Escrow Credit 0.00 Deficit 295.67 Subtotal $ 295.67 TOTAL $93,457.58 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 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 $93,457.58, together with interest from 9/1/02 at the rate of $15.92 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. F ERMAN A. ND EL , . FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . '., .',~;0 COUNT~'- P~' NREN RECORDED NAIL TO: FIRST UN/ON HORTGAGE CORPC4~Z~[Ir 150 Fayettevilie St MalllNC-t~2~l~u 9 R~ 10 50 Raleigh, NC 27601 Pa~c~lNumb~: MORTGAGE 7091115-00 ,5' 7 / ,-/-. t THIS MORTGAGE CSccu~ty Znsmua~t") is g~ven on November 24, 1990 JAMES R STAUB JR AND .LDRI A STAUB · The mortgagor is ("Bomower"). T~is Scc~ri~ Inslrum~tis ~ivcn Ia FIRST UNION MORTGAGE OORPORATTON whi~ is orga~zgd aad e~cisfing cmd~ tl~ laws of NORTH CAROLZNA , ~d wh~ ~ 1100 ~rporate Center Dr., Raleigh, NC 27607-5068 ("~d~"). Bomow~ ow~ ~d~ ~e ~p~ sum of Ninety-Three Thousand, Three Hundre~ Seventy-Five and No/lOO Do~ ~.S. $ 93,375.00 ). CUMBERLAND Co~, P~n~lv~ whichha~hcad~e~of 119 CENTER STREET, EAST PENNSBORD TNP, Pennsylvania 17025 [Zlp c~:l ("Property Addre~"); · 7091116-00 ~. Hazard or Proper ty Ivsu~anc~ B°n'°wer shall Iccp ~he improvements oow exisdng or hereafter o-ected on the ~openy · insured again.st loss by fire, h~ds included within tile Ierm 'ex~ended coverage~ and any other hazards, including flt~is or flo~fing, f~ which Lend= req~ures resurge. Th~ msural~ce, shall be mm~,,~l m ,hc amotm~s and for the ~rio~ ~h~ r~ei~e~. The i~uca~ce ca~ providing ~he insurance shall be chosc~ by Borrowc~ subject ~o I~ade~'s ~ppro'.~ which sha~l not bo un~a~onably withheld. If Bcm~wc~ fails ~o n~ntai~ coverage de~n~.d above, I~ader may. ac Lcnd~'s option, obtain cavetage ~o ptomct Lenc~r's z~h~ i~ ~ ~rope, ny ~ accordanc~ wt~ paragraph 7. hav~ the ztght to ~oM ~e po]k~es a~ r~wa~s. ~ T~c~- req~re~, Bor~ow~ sba~ promptly g~,~ to Le~d~r a~ recdp~s of pa~d o~ ~y ~ ~ U~ ~ by ~ S~ ~: ~ ~'s ~ ~ B~ow~ ~y ~ su~ a · paymeau may no lo,get bc ~, at ~c op~on of ~nd~, ~ ~n~gc ~ coy=age (~ ~c ~o~t ~d fo~ ~c ~ ~nd~n~on ~ o~ ~ng of ~y ~ of ~ ~pe~, ~ f~ convaym~ ~ ~ of con~on, ~e h~eby ~ ~d ~ s~s ~ by ~ S~ Ins~t by ~n of ~y de~d ~ by ~ o~ B~ ~ B~w~s ~ht or r~y. · 7091116-00 I~. Borrower's Copy. Bon'owcr sh~ll be ~iveu on~ colffca'm~d copy of the Nou~ and o~ Otis Secmi~y L, tstr~m~ ThanI~ad~~ ~.,.,,~s .~ ~ o.,p_tio_n2_._L?~[~_s,._l~_ l~?e Bo .n~. w.~ ~.fic~ of..~_ erafion. The notice shall provid~ a ~ of not l~ss ,nstt~me. ul; or to) ent~, o~ a judgment em~orcing ~ Securky Instrument. 'Illo s~ ~nclili~n~ .... _2~2 Ha?~,dousSub~an,~s. Borrower shall not caase or pemlit · . · ~ { uo]ifie~ by any 8ovemum~u~l or re · applicable law pl~o~les otherwise). Lender sha~ notify Borrower of~ amout oter tl~s; (a) the defaultl (b) the action ~0od504 f~i ~538 [Check appl/cable box(es)] [] Bal/oon Rider [] Pale Improvement P.i~/cr [] Second Home R/der [] VA P/der [~] OU~e~(s) [spec/fy] _(S~aO Cer t/~cnte of Residence ~he wi0tin-nnme~o~g~e ~ ~ , do hereby ce~fy that ~b~ correct adc~e~ of COMMONWEALTH OF PENNSYLVANIA, ~ pe~onally appeared Connty ~: /~ . . . known lo me (or s~sfaaorily proven) to be dte person whose name subset"ced tn thc w~g,./n insmunent and acknowl&[ged .,ha~ · ...,~....... ~0od504 ~,~ ~3,9 ^I.L T}IAT CERTAIN tract or plcc~ of land situate in ~ast P~nnsboro as follows: =~.ntor 1£n0 of Lot No. 31, on the hor~inaf=ur mentioned Plan of Lots~ thence, South 88 degrees 35 minut~s W~st, along =he center linc of Lotm NOS. 31 and 32, fivu hundred ninoty-ono and five-tenths {591.5) fe~, more or lass, to a poln: on the eastern lane of a thirty-thr~e (33) foo~ lane; thenue along =he eastern lane of said thirty-three (33) foot lane, North 2 degrees west, one hundred five (105) feet to a Doint on_~he southern line the southern lane of Lo~s Nos. 28 and 27, fiv~ hundred eiqhty-five more or less, to a ~int, the ~lao= of B~GINNING. CONTAINING one and one-half (1%) acres of land. VERIFICATION ~Y[.ENE VAFIDY,,~' hereby states that he/she is ~ssistant Secretary of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her 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. DATE: /~~~ Agsistant S~r~tary FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST Fflr,/A MELLON MORTGAGE COMPANY VS, JAMES R. STAUB, JR. LORI A. STAUB Plaintiff Court of Common Pleas CUMBERLAND County No. 02-5183 Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREJUDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05183 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS STAUB JAMES R JR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAUB JAMES R JR the DEFENDANT , at 1851:00 HOURS, at 119 CENTER STREET ENOLA, PA 17025 JAMES STAUB JR a true and attested copy of COMPLAINT - on the 30th day of October 2002 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.35 Sworn and Subscribed to before me this ~ ~ day of ~b6~ ~o .k~ A.D. ' ~rothonotary ' ~ ' 10/31/2002 FEDERMAN & PHELAN By: SHERIFF'S CASE NO: 2002-05183 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS STAUB JAMES R JR RETURN - REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT PORE was served upon STAUB LORI A the DEFENDANT at 1851:00 HOURS, on the 30th day of October at 119 CENTER STREET 2002 ENOLA, PA 17025 by handing to JAYMES STAUB JR, HUSBAND 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this L~ day of ~ ~9 ~-~ A.D. ' ~rothonotary So Answers: R. Thomas Kline 10/31/2002