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Home My WebLink About03-0459FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 vs. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM eio-L?-T? KENNETH S. PEARL MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Defendant(s) NO. 0.3 - 4SI CUMBERLAND COUNTY 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. 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 #:0105483796 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 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, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH S. PEARL MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/17/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY DB/A EASTERN MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1588, Page 167. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 10/01/2002 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. 6. The following amounts are due on the mortgage: Principal Balance $101,003.96 Interest 3,495.65 09/01/2002 through 01/29/2003 (Per Diem $23.15) Attorney's Fees 1,250.00 Cumulative Late Charges 112.45 12/17/1999 to 01/01/2003 Cost of Suit and Title Search 550.00 Subtotal $ 106,412.06 Escrow Credit 0.00 Deficit 93.48 Subtotal 93.48 TOTAL $ 106,505.54 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 106,505.54, together with interest from 01/29/2003 at the rate of $23.15 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. FEDE N AND PHL?1.1, By: /s/Francis S. Hall/roan FRA FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Ar,L 2HA:C CEasArrr lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Erne:ct J. Walker, Professional Engineer, dated August 3, 1967, an follows: jMG2'10MTG at the intersection of the center lines of Basehore, Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late or Roy G. :tnd Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land now or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the Center c,f Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the F-oint and Place of =GINNXZ4G. -- HAVING thereon erected aone and one-half story brick and frame dwelling. BEING the same m1ses which dated Aprild17a. Yost , 1973, and Janet Yost, his wife, by in the Recorder of eeds Pennsylvania, in Book cc 25,aPage o531,?mgranted and county, Y conveyed unto KENNETH KEISER and RUTH E. KEISER, his wife_ The said KENNETH KEISER died July 25, 1998, thereoy vesting sole ownership of said property into RUTH E. KEISER, the Grantor herein. nta,CT NO. 1: Ayy THA4' cumrAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNrNG at an iron pin on the western dedicated right-of- way of Salem Church Road at the dividing line bet++eplan Lots Nos. 8 and 7 as shown on the hereinafter mentioned lots; thence along said dividing line between Lot:: Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds Eas+:, a distance of 131.75 feet to a railroad spike on tho western dedicated right-of-way line of Salem Church Road First mentioned above; thence along said western dedicated right- of-way line of Salem Church Road on a curve to the! left hiving a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on the same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lets entitled "Preliminary-Final Subdivision Plan, Lyncale industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book $5, Page 139. BEING the same premises which Robert D. Yentzer and W. Wayde Kelly, Co-partners, by deed dated July 26, 1988, and recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, in Book V 33, Page 939, granted and conveyed unto KENNETH KEISER and RUTH E. KEISER, his wife. The said KENNETH KEISER died July 25, 1998, thereby vesting sole ownership of said property into RUTH E. KEISER, the Grantor herein. PROPERTY ADDRESS: 6311 BASEHORE ROAD VERIFICATION FRANCIS 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. 1024 ( 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. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE rv ? ? c? :- ti r^ r ..? " ( ? . , _: w ?' ? ? ? ? - _? '? ? 1 1?? 1..: -G t- SHERIFF'S RETURN - REGULAR CASE NO: 2003-00459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PEARL KENNETH S ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PEARL MITZY M DEFENDANT , at 1555:00 HOURS, on the at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 MITZY PEARL was served upon the 4th day of February , 2003 by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this 7 day of ")-"3 A.D. Prothonotary ?- So Answers: vwR. Thomas Kline 02/05/2003 FEDERMAN & PHELAN By Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS PEARL KENNETH S ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARL KENNETH S the DEFENDANT , at 1555:00 HOURS, on the 4th day of February-, 2003 at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 by handing to KENNETH PEARL 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 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this day of A.D. trot onotary So Answers: R. Thomas Kline 02/05/2003 FEDERMAN & PHELAN Deputy Sheriff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs KENNETH S. PEARL MITZY M. PEARL Defendant Court of Common Pleas : I Civil Division CUMBERLANDCounty No. 03-0459 PHS# 68406 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 1, 2007 Francis Hallinan Attorney for Plaintiff C? I T N