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Home My WebLink About03-0180 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 AITORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff vs, NO. 0.3 - ,ftj Ct'uit j-~ GERALD E. JOHNSON 143 NORTH PITT STREET CARLISLE, P A 17013 CUMBERLAND COUNTY 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. 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 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 0102923554 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 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC, 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5TH AVENUE SCOITBLUFF, NE 69361 3. The name(s) and last known addressees) of the Defendant(s) are: GERALD E. JOHNSON 143 NORTH PITT STREET CARLISLE, PAl 70 I 3 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 08/16/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1564, Page 259. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 5. The premises subject to said mortgage is described as attached, 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2002 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. 7, The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 01/10/2003 (per Diem $9,39) Attorney's Fees Cumulative Late Charges 08/16/1999 to 01/01/2003 Cost of Suit and Title Search Subtotal $42,277.27 1,530.57 1,250.00 52,94 $ 550.00 $ 45,660.78 Escrow Credit Deficit Subtotal TOTAL - 29.90 0.00 $- 29,90 $ 45,630.88 8, 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 10, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in nm! Judgment against the Defendant(s) in the sum of $ 45,630.88, together with interest from 01/10/2003 at the rate of$9.39 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, FEDERM~ND PHELAN,)i;l:P 4/1 f~ By: /s r~allinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff ALL chac Certain loe of ground situate in the Borough or Carlisle, Cumberland County, PennSYlvania, bounded and described as ~ol:lows: ON the Nor:h by property now or formerly o~ Nellie Liszman; on the East by a twelve foot alley; on the south by property now or formerly of Irvin Walters; and On the West by Noreh Pite St:eet. containing twency-t'our (24) .feee in .frone on North Pict Street; and extending 1n depth one hundred twe~ve (~~2) feet to the aforesaid a~ley, and having thereon erected a brick dwelling. BEING the same premises WhiCh Car~i.s~e Opportunity Homes. Inc.. by Deed datec. April 24, 1996, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Sook :~76, Page 4~, granted and COnveyed unto Carlisle Housing Opporeunitles Corporation, Grantor herein. PROPERTY ADDRESS: 143 NORTH PJ'l'T SIREET....._ m~.___. '~__~ ..r- -- VERIFICA nON FRA1'\J'CIS 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. l024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true 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, ~SJ~ / Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: / ' llo Iv? / / tfli~ - ~ () ~ ~ ~ ~ ()v r- f' ~ ~ o '" G Sc '. , . , , -z f'_ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS JOHNSON GERALD E 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 JOHNSON GERALD E the DEFENDANT , at 0823:00 HOURS, on the 4th day of February, 2003 at 143 NORTH PITT STREET CARLISLE, PA 17013 by handing to GERALD JOHNSON 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 3.45 .00 10.00 .00 31.45 ~5~:;'-..,~",~~!: ~ R. Thomas Kline 02/05/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: 7ri::- day of me this J~ JdV-3 A.D. " . ~Q ~A~- pro'thonota y //"7 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, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Gerald E. Johnson Defendant( s) No. 03-180 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 and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. ~ )'rf~ Date:~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 67493 r--.:J C:::l c:::> a'" o C-) --\ t ;;:- ~ '5!-n rnr:=: -"tn ?~~ <~(5 Om -\ ~ ::< ::;t::t" =~~: - - o -l