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Home My WebLink About01-1553 FX ~ , ~ . "-. ~d- '. -- '~'-"'IlIiIoil~tirllll.l~'. . , i FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (? 1') ,(;1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 Plaintiff TERM NO. 0 1- /:;'K3 CI~~ c 6 '-/~ v. CUMBERLAND COUNTY NOEL SCOTT CLAYTON MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 17055 Defendant( s) CTVTl, ACTTON -LAW COMPT ,A TNT TN MORTGAGF. FORF.CT ,OSTJRF. NOTTCF. "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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 LA WYER 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 #: 6950784 -, ~ ,'- . "-, ~l,;,;"',- ~ 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE, PTX-B35 PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: NOEL SCOTT CLAYTON MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 2/27/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1435, Page 206. 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 11/01/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ~ "' ~ - -. .......... ~j 0 ~.. ~ " '*"""''''......~''''....,',::+' 6. The following amounts are due on the mortgage: Principal Balance Interest ] Oll/OO through 2/]/0] (Per Diem $]8.14) Attorney's Fees Cumulative Late Charges 2/27/98 to 2/l/0 I Cost of Suit and Title Search Subtotal $88,524.00 2,249.36 4,000.00 90.72 55.OJlQ $95,414,08 Escrow Credit Deficit Subtotal 0.00 1.42 $ 747. TOTAL $95,421.50 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 Sheriff's 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 ]974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant(s) in the sum of $95,421.50, together with interest from 21l/01 at the rate of$18.14 per diem to the date of Judgment, and other costs and charges collectible lInder the mortgage and for the foreclosure and sale of the mortgaged property. ~ /~/ Fr~nk Fp,clp,rm~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . ~ ~'-' ",,'. ,~- ~ AI --""""""""'""''''"-~,,,k~ ALL TIiA T CERTAIN tract or Parcel oflalid and premises. siltlale, lying and being '" /{,a Borough of Mechanicsburg in the County of CU111bcrland and Con,n7011lFaalth of Pennsylvania, nlare particularly descrlbed as follows: BEGINNING at a post, corlter of lot form erly of M{l/Y Fishel. now or late of Harry Snyder. and lI1e building lille of said SOlllh York Street; thellce southward along tl,e building line of said SOllth York Street sixty-nine (69) feet 10 lot jormerly of W,E. Ho~, now 01- pwmerly of Mrs. ./ol1n Nailor; thence westward alOllg the Un" of said lot one hlllldred and <righteen (J 18) feet, more or less, to the ce1lter of a twenty foot alley; thence northward along tlie center of said alley sixty-nine (69) feet to lot now or formerly of lia""Y'Snyder; thellce eastward along tlte said lot one Inmdred alld twenty (120) jeet, more Or less, 10' the place of BEG/NNiNG. HA VING thereOf' erected a frame dwelling /rouse known as No. 426 Sow!r York Street, lJE1NG tire sarne prcIllises which Ca....roll /I'. Sillgiser. Exeuc(or of(h~ cstdtp of !-I'arry G. S;Jtgiser, h,1' Deed duted May I. 1946 anrl recorded Jvfay I. 1946 in the OjJ;.;e of the Recorder of Deeds in {[{1(/ for Cu/!rberland COllnty. Pennsylvania. in Deed Book i3-E. page 394. granled and cOJ/veyed Hnto ./0/'1/ F, Schnebly and EdwillCl /.{, Schnebly. his n'ife, THE SA ID Jo/rn F. Schnebly having passed away on Jlfly 16. 1997 Ihereby vesting .<01" lit/e WIIO Edwina If. Schnebly. !tis wife, by operation oflaw, PREMISES: 426 SOUTH YORK STREET . --I ~~-~"" ". . " VERIFICATION BRANDON SCIUMBATO hereby states that he is V.P. of COUNTRYWIDE HOME LOANS, INe. 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 fa authorities. ~/2blm DATE: ~-""~"---"~'='_I~ ~ -!iLl. ~~'o,', ~~,'_ . " ';,...".~ "~~i',i;",["L,H;;j-";;:~.i"'I'!}W~I~1>..'!ti;r#<illI~ -=.-, >'<, ~,~ ~,,,",,, -'. .'P1Ji1lIlli_1lIi j'h'~'" .m"'-" " ---- (:j tu ~ C\ '\) ;:8 \J "- tv r:;.' ~". ,j, Q c: $: -CD'" fll'r-n Z., Zp:: (f) ~, 2:2:: :o.<CJ 2::........ ,,;U )>8 z ~ o ~? 3: J-;rJ'Il ::::::t ,.0 ~ ~ 'R :n ,f:'- B .. -.', '"' .~ - '" : '~ - ~~tW'''''.2-k-Ll' SHERIFF'S RETURN REGULAR CASE NO: 2001-01553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOM LOANS INC VS CLAYTON NOEL SCOTT ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLAYTON NOEL SCOTT the DEFENDANT , at 0020:30 HOURS, on the 22nd day of March , 2001 at 426 SOUTH YORK ST MECHANICSBURG, PA 17055 by handing to NOEL SCOTT CLAYTON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 .00 33.58 So Answers: ~~~~ R. Thomas Kline 03/23/2001 FEDERMAN & PHELAN Sworn and Subscribed to before t :< q - day of By: A o.J-I.-IA)m:fV ' Deputy S iff me this ~ .2cv I A.D. , ~. ,0 n.Jt7g;" ~ ~t rothonotary ~ '" ~ '~~~~ ~, -, ~l,~, .' ,;,- , ,......... - I....~,"";~,'~~"""~,~- "R'",,,"!J;lf,W~!,:"',' SHERIFF'S RETURN - REGULAR , CASE NO: 2001-01553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOM LOANS INC VS CLAYTON NOEL SCOTT ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLAYTON MICHELLE A the DEFENDANT , at 0020:30 HOURS, on the 22nd day of March , 2001 at 426 SOUTH YORK ST MECHANICSBURG, PA 17055 by handing to NOEL SCOTT CLAYTON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE 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 So Answers: 1f"'~~~ R. Thomas Kline 03/23/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this J'J e. day of BY:-.dl,~/~~ Deputy S riff .~ :Lc-<J I A.D. C)u{', G. ~".?;~ h~ rothonotary , ~ ~ .. <'" ~', '~, ' ~~~~'. FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff ATTORNEY FOR PLAlNTWF Court of Common Pleas Civil Division v. Cumberland County Noel Scott Clayton Michelle A. Clayton Defendants No. 01-01553 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: 1/31(of 11lJAW J /1rt-~ Francis S. Hallinan, Esquire Attorney for Plaintiff :'jl,~.~@if~-&;1!.'I'i"~ill2;,kili.alld'h"iHi;i~dfMi"''''''''. ,;,' ;';~ --,,) ,;:,i , :I) ,>r ~~' ~~ Il!<<! cJ.i:-<,j ",,,,,,,,b',~~,'~' ~,;c,\~~""~,j~"".l&Ule.;Il"jjl'-'iiili;~.WJl~",*,,~W;~JlI!jj~ihllililli!!!@IIl!;iik1_1;j_~~ - ""~,., ,~ ,- 0 ....., 0 = ~;; = -., -4- :-:.::., 0 -l "G!.:'t! ::J:-,-' ~"3:?~D n m-' -l "hi 0~~~ I -xlg -1-- b ~~:: -,') :.:t4"i ,- O:,~ 2:{~\ 5~ :.:u:: -~C) "--m ':? 0 ~ ~ N ~ .....J 1