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Home My WebLink About03-0822 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 o 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: COUNTRYWIDE HOME LOANS, INC. (PLANO, TX) 6400 LEGACY DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: WILLIAM LEONARD KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/12/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLATTE VALLEY FUNDING LP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1210, Page 158. By Assignment of Mortgage recorded 4/19/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 610, Page 151. 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 11/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 02/24/2003 (Per Diem $15.02) Attorney's Fees Cumulative Late Charges 04/12/1994 to 02/01/2003 Cost of Suit and Title Search Subtotal $60,091.95 2,207.94 1,250.00 104.28 $ 550.00 $ 64,204.17 Escrow Credit Deficit - 166.05 0.00 Subtotal $- 166.05 TOTAL $ 64,038.12 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. 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 $ 64,038.12, together with interest from 02/24/2003 at the rate of $15.02 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~AND PH~L0~I' By: /s/Francis S. Harllnh;~' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff ..BK~NHIHG ~C ~ point on CAe southerly ~n~ o~ D~ck~nson Avenue, ~0 ~eec w~de, alon~ SaLd.di~din~ line 1~0 feec ~o Loc No. 128; ~h~nce Sough 82 degrees 48 minutes ~eaC~ alo~ Logo Hos. 128 and 127, 60 geeu co Loc ~o. Notch ~desreas 12 minv~es West a~onK 0aid Lo~ No. 1~6, lJO gee~ uo ~he sou~har~tnm.~ ~i~iuson Avenue; ~hence Notch 82 degrees a8 Cumberland County Recorde~ o~ Deeds O~lce in Plan Book ~o. 4, P~e 108, r~hcs ol Pablic U~iltCX end ~ublic Series Companies, exl~llnl res~cCions BErG ~ ~ P~ISE~ which Dann M. Lees~ o~ngleman and K~mberly A. Dabney~ sin$1ew~ by deed dated ~/&/~988 ~d recorded aC C~berland Counuy. Pen~ylvanla, In Deed Book 33 un~o Dann ~. Lee~ Grantor h~reln, page 187, ~ranCed and conveyed PREMISES 0N 2009 DI~INSON AVENUE_ ~VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin 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 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00822 P COMMONWEALTH OF PENNSYLVAi~IA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS LEONARD WILLIAM ET AL CPL. MICHAEL 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 LEONARD WILLIAM the DEFENDANT at 2009 DICKISON AVENUE , at 1919:00 HOURS, on the 27th day of February , 2003 CAMP HILL, PA 17011 by handing to KATHY LEONARD, WIFE 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 18 00 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this ~ ~ day of ~1~ ~o~3 A.D. rothonotary So Answers: R. Thomas Kline 02/28/2003 FEDERMAN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2003-00822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS LEONARD WILLIAM ET AL CPL. MICHAEL 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 LEONARD KATHY the DEFENDANT at 2009 DICKISON AVENUE , at 1919:00 HOURS, on the 27th day of February , 2003 CAMP HILL, PA 17011 by handing to KATHY LEONARD 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 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 7 ~ day of ~]/L~ ~3 A.D. ~~rothonotary~ So Answers: R. Thomas Kline 02/28/2003 - ~D'eputy S~hen~-ff 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VSo WILLIAM LEONARD KATHY LEONARD Defendant(s) Court of Common Pleas CUMBERLAND County No. 03-822 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