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Home My WebLink About02-6025FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56%7000 COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff BRIAN R. BENNETT A/K/A R. BRIAN BENNETT 260 WHISKEY RUN ROAD BLOSERVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. eX2 - CUMBERLAND COUNTY Defendant(s) CIVIl. ACTION = I,AW COMPI,AINT IN MORTGAGE FORECI,O,~IIRF. 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 #: 9501481 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. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC., F/K/A COUNTRYWIDE FUNDING CORPORATION 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: BRIAN R. BENNETT A/K/A R. BRIAN BENNETT 260 WHISKEY RUN ROAD BLOSERVILLE, PA 17241 o who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/29/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORPORATION T/A CONSOLIDATED MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1297, Page 1175. By Assignment of Mortgage recorded 5/22/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 520, Page 786. 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 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 Interest 7/1/02 through 12/1/02 (Per Diem $11.40) Attorney's Fees Cumulative Late Charges 12/29/95 to 12/1/02 Cost of Suit and Title Search Subtotal $55,492.23 1,755.60 1,250.0 110.40 55000 $59,158.23 Escrow Credit 0.00 Deficit 535 08 Subtotal ~ 535 o8 TOTAL $59,693.31 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $59,693.31, together with interest from 12/1/02 at the rate of $11.40 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT C~TAIN lot of ground lying and being situated in Upper Mifflin Township, Cumberland county, Pennsylvania, more particularly bounded and described in accordance with Subdivision Plan entitled "Subdivision for Donald Mellott" drawn Dy Joh~l R. Kissinger, Registered Surveyor, which said subdivision plan has been approved by the appropriate municipal authorities and is recocded in Cumberland County, Pennsylvania, in the Office of the Reco:rder of Deeds in and for said County in Plan Book 56, Page 23, BEGINNING at a parker kalon nail set in the cenuerline of publ:.c road known and designated as L.R. 21040 at common corner of Lots i and 2; thence along common boundary line cf Lots 1 and 2, South 51 degrees 04 minutes 48 seconds West, 319.28 fee~ to an iron Din; thence along line of Lot 3, South 44 degrees 16 minutes 34 accords East, 150.30 feet to an iron pin in corner cf land now or fo~-merly of D. Zinn, which line is a location of a fenceline; thence North 51 degrees 04 minutes 48 seconds East, 295.50 feet to an e~isting railroad spike in =he centerline of public road 21040; thence along centerline of public road L.R. 21040, North 34 degrems 34 minutes 01 second West, 120.67 feet to a point; thence continuing by same, North 37 degrees 45 minutes 04 seconds West 29.33 fee~ to a parker kalon nail, the Point and Place of BEGIN. 4ING. CONTAINING a total area of 1.058 acres. ~EING Lot 1 om the herein referred to Subdivision Plan. PREMISES BEING: 260 WHISKEY RUN ROAD VERIFICATION BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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. ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-06025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BENNETT BRIAN R ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland Coqnty, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENNETT BRIAN R A/K/A R BRIAN BENNETT the DEFENDANT at 260 WHISKEY RUN ROAD , at 1315:00 HOURS, on the 6th day of January NEWVILLE, PA 17241 by handing to BRIAN BENNETT a true and attested copy of COMPLAINT - MORT FORE NOTICE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ day of ~.~ A.D. ~ ;Prothonotary' So Answerp: R. Thomas Kline 01/07/2003 FEDERMANAND~ By: __ Deputy Sheriff 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 COUNTRYWIDE HOME LOANS, INC. F/K/A COUNTRYWIDE FUNDING CORPORATION Plaintiff Cortrt of Common Pleas CUMBERLAND County vs. No. 02-6025 BRIAN R. BENNETT, A/I~A BRIAN BENNETT Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, 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