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Home My WebLink About03-0341 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 ATTORNEY FORPLAINTWF COURT OF COMMON PLEAS CNIL DNISION FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES D/B/A MNC MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 TERM Plaintiff v. NO. o.a - .3'11 Go Ll ~€It.YY\ CUMBERLAND COUNTY PATRICIA A. CONNOLLY 235 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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. W 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. Loan #: 0008638033 RMS CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 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 FIRST HORIZON HOME LOAN CORPORA nON, F/K/A IT MORTGAGE COMPANIES D/B/A MNC MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known addressees) of the Defendant(s) are: PATRICIA A. CONNOLLY 235 GETTYSBURG PIKE MECHANICS BURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 10/25/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1288, Page 709, 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 1 % 1/2002 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, 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2002 through 01/18/2003 (Per Diem $15.04) Attorney's Fees Cumulative Late Charges 10/25/1995 to 0 I/O 1/2003 Cost of Suit and Title Search Subtotal $61,877.46 2,105.60 1,250.00 63.16 $ 550.00 $ 65,846.22 Escrow Credit Defici t Subtotal 0.00 339.51 $ 339.51 TOTAL $ 66,185.73 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. 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. In the event that Act 91 of 1983 applies, the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 66,185.73, together with interest from 01/18/2003 at the rate of$15.04 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/ / P ~~ cS~' By: /sIFrancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that I:ertain lot of ground situate in the Township of Upper Allen, V:.1.l.age or Shepherdstown, county of cumberland and statta of Penns~'lvania, bounded and descX'ibed as follows, to wit: BEGINNING at a point in the State Road, known as the Gettysbur9 pikE' oX' old !J. S. Route No. J.5; thence along lands now or formerly of Russell Eberly. south thirty-three (~3) de9rees forty- five (45) minutes East, two hundred forty-three and three-tenths (243.3) feet tc a paint at the corner of lands now or formerly of Lester J. Romberger and Esther B. Romberger, his wife; thence along said lands now or formerly of Lester J. Romberger and Esther B. Romberger, his wife, south fifty-six (56) degrees fifteen (1.5) mi~utes West, one hundred s~een and seven-tenthS (116.7) feet to a point at land5 now or formerl.Y of E. F. Baker; thence along said lands noW or focmerly of E. F. Baker, North thirty-seven (37) degreeS foX'ty-fLve (45) minutes West, one hundred ninety-six and rive-tenths (J.9,.5) feet, mora or ~8SS, to a point in the ~foresaid GettYSbUrg pike (O~d u.s. Route No. ~5); thence a~ong said GettysbUrg pike (Old U.S. Route No. 15), North thirty-six (36) degrees thirty :30) minutes East, one hundred forty-one (141) feGt to a point in the same, the place of BEGINNING. HAV:!;-.lG erec:ted thereon a frame dwelling house known and numbered as 235 Gettysburg pi~a. BEING a pox.tion of the 'premises which Lester J. Romberger and Esther B. Rombezger, his wife, by their deed dated January 9, 1962, and recorded in the Office of the Recorder of Deeds in and for cumberland county, Pennsy1.vania, in Deed Book "K", Volume 20, Page 505, 3ranted a~c conveyed unto Wi1liam E. cunnard and A1verta M. cunna~a, his wife, the Grantors herein. VERIFICA nON FR.'\NCIS S. HALLINA.'\f, 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 infonnation supplied by Plaintiff and are true and correct to the best of its knowledge, infonnation 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. ~~ b./~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 1/;20/03 ' ( -- w (N ~ ~ }::J tJ:. t~ . ~~ -to ~ !i,-1- 0 CJ 0 C W ?' ";-) -UIT :C~ m"c -;;;: -" .......' zC: .-.> " ~:t l'_' "-,j ~ I !;~ l~: ..... c} >- ':>0 -r 7\'} :x: >>2 ~ -' '-J ;"" '"-.- Z .-1 :.-"1 jet- --.1 :0 -< (To -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-00341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CONNOLLY PATRICIA A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONNOLLY PATRICIA A the DEFENDANT , at 1808:00 HOURS, on the 27th day of January 2003 at 235 GETTYSBURG PIKE MECHANICSBURG, PA 17055 by handing to PATRICIA CONNOLLY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 ~.~.::.o,_/ h~..~ ~~~ ,......,-~~-,,~ -.... .1 ~~,_~. ~ I j R. Thomas Kline 01/28/2003 FEDERMAN & Sworn and Subscribed to before By: me this 3()-tl day of " '" GARY L. DALTON, Administrator of the Estate of KEVIN M. DALTON, Deceased, Plaintiff v. MARYLS J. HASSON, M.D.; LYLE F. ANDERSON, JR., M.D.; CAPITAL AREA SURGICAL ASSOCIATES, P.C.; JOHN DOE, M.D.; HOPY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY; And HOLY SPIRIT HEALTH SYSTEM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-34J CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of January, 2006, upon consideration of the attached letter from Eileen Riley Sutton, Esq., attorney for Plaintiff, a status conference is scheduled in chambers of the undersigned judge for Thursday, March 30, 2006, at 3:00 p.m. ole> . 1\ \' , \' f"- o BY THE COURT, r' ('"7 ,,- ,;(, " ii .... Eileen Riley Sutton, Esq. Feldman, Shepherd, Wohlgelernter, Tanner and Weinstock 25th Floor 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff Sarah W. Arosell, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Andrew H. Foulkrod, Esq. lSOO Linglestown Road Suite 305 Harrisburg, PAl J'l11O Lauralee B. Baker, Esq. 3510 Trindle Road Camp Hill, PA 17011 :rc FE::LDMAN . SHEPHERD WOHLGELERNTER TANNER' WEINSTOCK E~Mail Address: csuttol1(hfcldmam;hcD/Jerd.com CAROL NELSON !'>HEPHERD .ALAN M. FELDMAN ts EZRA. WOHLGELl2RNTER -MARK W. TANNER t DANIEL S. WEINSTOCK ROBERTA D. PICHIN, t EILEEN RILEY SUTTON t THOMAS MORE MARRONE f:f; DANIELJ. MANN PETER M. NEWMAN t JASON A. DARIA t EDWARD S. GOLDIS CAROLYN M. CHOPKO TRIAL LAWYERS 25TH FLOOR, 1845 WALNUT STREET PHILADELPHIA, PENNSYLVANIA 19103 TEL. 2115.567.8300 FAX. 215.567.8333 January 18, 2006 OF COUNSEL SARAH M. THOMPSON Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013.3387 -CERTIFIED CIVIL TRIAL AOVOCATE, NATIONAL BOARD OF TRIAL ADVOCACY t ALSO MEMBER NJ BAR * ALSO MEMBER TX BAR {i "'LSO MEMBER NY BAR Re: Gary L. Dalton, et al v. Maryls J. Hasson, MD., et al. Docket No. 03-3024 Dear Judge Oler: The above-captioned case, which concerns the death of a 38 year old man as a result of what the plaintiff contends was improper pre and post surgical care, was filed on January 23, 2003. At this juncture after discussion with all counsel of record, the plaintiff would like to request a Status Conference for the purpose of clarifying the positions of all parties and setting deadlines for the completion of the remaining discovery. The Court's assistance in this regard is requested. Respectfully yours, fJa~~k .~~ Eileen Riley tutton ERS/ka cc: Sarah W. Arose\!, Esquire Andrew H. Foulkrod, Esquire Lauralee B. Baker, Esquire ." ,~ "0 WWW.FELDMANSHEPHERtI.COM PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, f/k/a FT Mortgage Companies, d/b/a MNC Mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patricia A. Connolly Defendant( s) No. 03-341 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. Date:~ ~ sWk' Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 55842 \ &" ~ ~-n ?r"r: --0\:3 <:i \ :~ ~ ~~\ -- :e: .' ~ o .-J C) c::. ~:;"1 ';; , r--' '8 c:J'" <::) (""), --'