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Home My WebLink About02-6000FEDERMAN 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) 562-7000 CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MT. LAUREL, NJ 08054 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CATHI E. WILSON-VUGRINEC ROBERT J. VUGRINEC 500 EAST MARBLE STREET MECHANICSBURG, PA 17055 Defendant(s) NO. 02 - 0000 CUMBERLAND COUNTY **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 n: 0005513239 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 CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: CATHI E. WILSON-VUGRINEC ROBERT J. VUGRINEC 500 EAST MARBLE STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/26/97 mortgagor(s) 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. 1424, Page 476. 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 8/1/02 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. 6. The following amounts are due on the mortgage: Principal Balance $80,720.85 Interest 2,243.78 7/1/02 through 12/1/02 (Per Diem $14.57) Attorney's Fees 1,250.00 Cumulative Late Charges 110.23 12/26/97 to 12/1/02 Cost of Suit and Title Search 550 00 Subtotal $84,874.86 Escrow Credit 0.00 Deficit ?61 34 Subtotal S961 34 TOTAL $85,136.20 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,136.20, together with interest from 12/1/02 at the rate of $14.57 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 ER MAN AND?P , LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as (street, township/ municipality/ borough, county), and being further described on that certain Deed dated 12/23/97 and recorded 12/30/97 in the Office of the Recorder of Deeds in CUMBERLAND-County in Deed Book No. 170, Page 88. Parcel No. 17-24-0789-084 BEING known as (500 EAST MARBLE STREET, MECHANICSBURG, PA 17055) VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT 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 unswom falsification to authorities. DATE: / 2.14/ (./ 0 -2- n W py u w 6' -o p P?- SHERIFF'S RETURN - REGULAR CASE NO: 2002-06000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS WILSON-VUGRINEC CATHI E ET AL Sheriff or Deputy Sheriff of ROBERT BITNER sworn according to law, Cumberland County,Pennsylvania, who being duly MORT FORE was served upon says, the within COMPLAINT - the VUGRINEC ROBERT J of DEFENDANT December , 2002 at 20 0 HOURS, on the 19th day at 500 EAST MARBLE STREET by handing to MECHANICSBURG, PA 17055 ROBERT J. VUGRINEC together with a true and attested copy of COMPLAINT - MORT FORE NOTICE t and at the same time directing His attention to the contens thereof. So Answers : Sheriff's Costs: 6.00 Docketing .00 Service .00 Affidavit 10.00 7,- h Kline Surcharge 00 16.00 12/20/20022 PHELAN FEDERMAN AND Sworn and subscribed to before By .IVSheriff Deputy me this na day of A. D . Prothonotary ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-06000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS WILSON-VUGRINEC CATHI E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of duly sworn according to law, Cumberland County,Pennsylvania, who being the within COMPLAINT - MORT FORE was served upon says, the VvGRINEC CATHIE E WILSON of December , 2002 DEFENDANT at 2000 HOURS, on the 19th day at 500 EAST MARBLE STREET by handing to MECHANICSBURG/ PA 17055 ADULT IN CHARGE ROBERT J. VUGRINEC together with a true and attested copy of COMPLAINT - MORT FORE NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: 18.00 Docketing 6.90 Service .00 Affidavit 10.00 Surcharge .00 3490 Sworn and subscribed to before me this day of A.D. P othonotary So Answers: Kline R. Thomas 12/20/2002 FEDERMAN AND PHELAN By : ?? Deputy Sheriff PHH MORTGAGE CORPORATION, F/R/A CENDANT MORTGAGE CORPORATION vs Case No. CATRI WILSON-VOGRINEC ROBERT J. VOGRINEC Statement of Intention to Proceed To the Court: PLAINTIFF Print Name FRANCIS S. HALLINAN, Date: 2 I 02-6000 intends to proceed with the above captioned matter. ESQ Sign Named Attorney for PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temdnation of inactive cases and amended Rule of Judicial Administration 1903. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1903 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to temdnate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C? v r_ ? a -O ? R f '? -off'. ??,?? N A -.,. N ?00_ R PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation Court o Common Pleas f/k/a PHH Mortgage Services Civil Division 6000 Atrium Way Mt. Laurel, NJ 08054 Plaintiff Cumberland County No.: 02-6000-Civil Term VS. Cathi E. Wilson-Vugrinec Robert J. Vugrinec 500 East Marble Street Mechanicsburg, PA 17055 Defendants 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 PHS: 66323 6f. w 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: 012JH - PHS: 66323 T ^ , Francis S. Hallinan, Esquire Attorney for Plaintiff C'} r..,y t? ? .? --4 )? `7"' ... ^?? _.,.., r._,,,. -7.? _ ? ` v r °? ?° ? i ?-';