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Home My WebLink About03-2036 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 CENDANT MORTGAGE CORPORATION, FIKJA PHH US MORTGAGE CORPORATION 4001 LEADENHALLROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION vs. Plaintiff TERM NO. 03 -r:JC>Jl:.. c;o~ ('-r~ JEFFREY B. MEGLlO 808 CAROL STREET NEW CUMBERLAND, P A 17070 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 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, P A 17013 (717) 249-3166 Loan #: 0005080965 Loan #: 0005080965 IF TIDS IS THE FIRST NOTICE mAT 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 FORA 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 CENDANT MORTGAGE CORPORATION, FIKJA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) ofthe Defendant(s) are: JEFFREY B. MEGLlO 808 CAROL STRREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/25/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1230, Page 267. 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 01/01/2003 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. Loan #: 0005080965 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2002 through 04/28/2003 (Per Diem $18.40) Attorney's Fees Cumulative Late Charges 08/25/1994 to 04/28/2003 Cost of Suit and Title Search Subtotal $77,912.31 2,741.60 1,250.00 190.75 $ 550.00 $ 82,644.66 Escrow Credit Deficit Subtotal TOTAL - 129.29 0.00 $- 129.29 $ 82,515.37 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 $ 82,515.37, together with interest from 04/28/2003 at the rate of$18.40 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. F AN A~~, By: /slFrancis S. Hallin F FEDERMAN, ES IRE L NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 0005080965 ALL TkA~ C'''''AXH "0'" o. lano >itua'.d in ... aorough o. Hew Cumberland, CUmborland COunty, '.nn'Yl.onia, boundod .nd de'"rib.., in o..O'do"e. with 0 ,u""'Y by G.rri. J. aet., R.S., d~ted Ap~i~ ~S, ~97~, as ~o~~o~s: B'GINHrNG a' 0 ,oint on 'no Soutn 'id. o. Carol str..t, whicn point i. 223.. .... w..t .. 'h. .outhwe.t eorner or Brand. AV.nu. .nd car., S'r..., thone. .'ong Lo. Ho. <, SOutn 37 d"gr... ,. minu..., -o.t 120 .... '0 land now or 'orm.rly o. W.G. keconn.", 'n.ne. along 'h. .am. and '.nd. now Or 'orm'rly o. B.L. Lo..'l, S"u'n 52 d.gr... ., minu... W..t .0 '.ot to Lot No. ., thenee .'ong tn. aame Hortn 37 d.gree. ,. minut.. w... 120 .... '0 Carol Str..., 'n'n.. along tn. Oom. HOrtn 52 d.qr.. .1 lninUte9 East 60 feet '::0 the P~ace ot: Bl!:GINNING.. BEING Lot No. 5 on thQ Plan at: L"on Bea~ as :t:"ec:o.l:"ded in Plan BOok 7, page 22. RAVING tner.on .r'et"d 0 ono Otory bri., dWaninq "nown .. 80B CarOl Street, N.~ CUmbe;r;-~and PennsY1vania. VERIFICA nON MARC J. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES 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. DATE: tt/ a ~/~ k1lM! p ~ ~ 70 Crt It '" 0 0 ['j t c: Cc) "'I . -.. :.t:'a' S ..., ~ ,Jc "O';J )..) ~~.-:: ::<1 ---- .......:.. i,. ....c) ~ .....,J r (n ..: ~..o -< .~ ...... r-'~- "'1~' - ~- ..0 :::~,.. ( ~--:-=( ['.) " ........ )>' ~:.,,; . i - :.-'"1 ,'.U 1- / h) "'<': -, SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02036 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS MEGLIO JEFFREY B R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MEGLIO JEFFREY B but was unable to locate Him ln his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MEGLIO JEFFREY B 808 CAROL STREET NEW CUMBERLAND, PA 17070 HOUSE IS VACANT AND HAS SOLD SIGN IN FRONT YARD. PER POST OFFICE, THE DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.73 5.00 10.00 .00 44.73 so..a.~.n.s.w..e.r...s.:.:....,.,,/. ". ...'/~ .. ;." ..... /- -,-~/'. ~~- "//"~G ~- R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/01/2003 Sworn and subscribed to before me this 1~ day of ~ ,)..1J1t3 A . D . ~Q~ Pr t onotary I~' 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 Cendant Mortgage Corporation, f/kJa PHH US Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jeffrey B. Meglio Defendant( s) No. 03-2036 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. X 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:~ ~ 5'dJt · ,J Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 73675 C) c ~if, t~::; , r-.) c::> ~ c:> C-) ~ 1 .;:- ~ -;:;.. ~ ~-n 1'1'1 r=-: -OlD -,",C '~~~.~~ :,,:;..C> ~c) fl' ~ ~ ~ -- - - o C)>