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Home My WebLink About01-2783 FX yi --~ - ~ - j,l ~ , ~ I , ..........~1 - 'f"Jjh~~";:1 . ... 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 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FORPLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. CJ/ -- .J-)&,3 ttr;J CUMBERLAND COUNTY EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA.17043 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS 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, TillS 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 #: 40216731 ._" - "I L "~ : ,I ~'"~ J. O~_",,,"",~l\i;;-!si,l ... . 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22I02 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE,PA.17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6119/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1389, Page 997. By Assignment of Mortgage recorded 6/17/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 713. 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 11/1/00 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. - L,.J. L,j 'J, _"'""'"d .. . 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 5/1/01 (Per Diem $14.70) Attorney's Fees Cumulative Late Charges 6/19/97 to 5/1/01 Cost of Suit and Title Search Subtotal $63,140.83 3,131.10 3,157.00 188.68 550.00 $70,167.61 Escrow Credit Deficit Subtotal 300.85 0.00 ($ 300.85) TOTAL $69,866.76 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 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. gI680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,866.76, together with interest from 5/1/01 at the rate of$14.70 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. 1-~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -... >"-'''''''''''''''-''"'-"' ~~.'"" .~ ....- '" "..L~I '~",~,-""~_",,;.,,rL: ~ ALL THAT CERTAIN loe or piece of ground with che buildings and improvements thereon ereceed situate in the Borough of Lemoynel County of Cumberland and commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit, in accordance with survey of Ernest J. Walker, Registered Professional Engineer, dated t.he 241.11 day of May, A.D., ~907: aSGXNNXNG at a poin~ on the southwesterly line of Bosler Avenuel which point is S5 fee~ westward~y of ehe westerly line of Cherry Avenue; thence excending South 38 degrees, Sast 150 feec to a point on the northeasterly line of Apple A.lley;, thence extending along the lIame South 52 degrees 1 West 54 feet eo a po~nt; thence extending North 38 degrees West 1~0 feet to a point on the southeasterly line of Bosler Avenue Norch 52 degrees East S4 feet eo the poine of BEG!NNING. HAVING THEREON erecced half of a double three story frame dwelling being known and numbered as 209 Bosler Avenue. SEING the same prem~ses which James w. Snyder and Sarah A. Snyder, husband and wife, by their deed dated April 14, 1992, and recorded June 261 ~9971 in the Office of the Recorder of Deeds of Cumberland County in Record Book 1GO, Page 11, granted and conveyed unto Edward ~. Orth and Arlene Orth. husband and wife, Grantors herein. -!:f;' .1' 11-,- 'L 1,0'" ",""",0 ""'~""''''~~"''-''' ., VERIFICA TIQN FR."'-='iK FEDER.\[A='i. ESQURE 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, and that the statements made in the foregoing Civil Action in "[ortgage Foreclosure ::tre true and correct to the best of his knowledge. information ::tne! belief Furthermore. it is counsel's intention to substitute a veri!ic::ttion from Plainriffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pol. C.S. Sec. 4904 relating to unsworn falsitication to authorities. .~~ D."'-TE.~ ...... , i!OlmJillirm~~"itI:'~~i"f,;, ~ Jff! HI ,,\'d:Lu,"~J"""'c.:,~;;;, ,-,",_,'h" lI', -, :'<1_:' ,",'h''''. ,._,'.'-"'-.'''" "!"",-~WJ;I.<i!~_til"W'''_.'''.;j/..",, \~ ....... 1+ ...... ...... ~ ~ '-.J ~ ,~~" -, - " ~ ~ ~ .<. " ,~,...".,--"",_;:,~;"",A,."~"'~U:f",,W,FI!i;_.u';;"'k4w,'f,cll.lili!~',;j1 ~~_i;JJ '\1:: ,- ~ ~ <A ~ " &,)3- ~ \ ~ ~ ~ \ ~ ~ Q c:::> ~b b" ri=i ~~;~ -,. ?_;O'> ~~~ ~.-..: I _b (f) l~~ "" ~(;,~ CO '~ -' -, C_--) ~C'. '- 2-' -,..~ ' ,..----' :r;U _' ,c .--~ ) C r;: .) , '" Z ,~;~ :<: ::> -..l :cD -< . ,"" ,~_..~ ""IoL ~, ~ SHERIFF'S RETURN - REGULAR .. . . ... CASE NO: 2001-02783 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W ET AL GERALD WORTHINGTON i I~ _ 'L : I L'1 ' "a~ O_~""''''''''_''''" , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ORTH ARLENE was served upon the , 2001 DEFENDANT , at 1939:00 HOURS, on the 30th day of May at 208 BOSLER AVENUE LEMOYNE, PA 17043 ARLENE ORTH 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this ;{ L. 'E:: day of ~ .:huf A.D. ~ 0 /M.d#.. -' A i~r.- Pr t onotary ,~r7 So Answers: r~?~' R. Thomas Kline 06/07/2001 FEDERMAN & PHELAN By: ~ A... L.I..-I/)~ . Deputy S riff ~--~-~, ~" ~, .Jd,h."...r.l<lliI.li J ,I~,.:' '.1,1 , '". ~ _"",y",,,,,,,,,,,JJ,,",",," SHERIFF'S RETURN - NOT FOUND r , .. CASE NO: 2001-02783 P COMMONWEA~TH OF PENNSYLVANIA COUNTY OF CUMBERLAND , MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARDW ET AL 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, DEFENDANT ORTH EDWARD W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ORTH EDWARD W PER POST OFFICE MOVED LEFT NO FORWARDING ADDRESS Sheriff's Costs: Docketing Mileage Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 R. Tomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 06/07/2001 Sworn and subscribed to before me this -< l. ":::: day of qJ~' oUJ-ol A.D. ~""O~.- ~ Pro notary" " / d--- ,~" ~.' , ~ ~ "ll -,I .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 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff , v. NO. CJ!- .;27~3 ~ CUMBERLAND COUNTY EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 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. , b certify the We ~ere Yea true and within to b f the coHect C?py ~f record original flleNd AND PHELAN FEDEHMA CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 40216731 :"'--."" . ~~ I . ;.....L..., i ~~.,.",;: , 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) of the Defendant(s) are: EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/19/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1389, Page 997. By Assignment of Mortgage recorded 6/17/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 713. 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 11/1/00 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. . , , . ">".....""'"""";0' , 6. The following amounts are due on the mortgage: Principal Balance Interest 10lllOO through 511101 (Per Diem $14.70) Attorney's Fees Cumulative Late Charges 6/19/97 to 511101 Cost of Suit and Title Search Subtotal $63,140.83 3,131.10 3,157.00 188.68 550.00 $70,167.61 Escrow Credit Deficit Subtotal TOTAL 300.85 0.00 ($ 300.85) $69,866.76 7. The attorney's fees set forth above are in confonnity 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 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. SI680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has tenninated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $69,866.76, together with interest from 5/1/01 at the rate of$14.70 per diem to the date of Judgment, and other costs and charges coll~ctible under the mortgage and for the foreclosure and sale ofthe mortgaged property. Isl Frank Fedennan FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff TRUr: COpy FR."":I/ :-;:;-ORD In Testirrr,:'! v!hereof, I h. r3 J:~: 0:,' my hand and the "~,I of said Court,: : f'a. This. . ,<6" ,. . day of. .........~....../<. jl1.~" ~L. ....~,.fL/ D.o~..no~o'~.'//"7 I j lo 11 .en ,~~- ."~ '.1 ~ . L...,.,~, 'e&~~,..,t , ALL THAT CSRTAIN loe or p~ece of ground wieh che bu~ldin9a and improvementa thereon ereeced s~~uaee in the Borough of Lemoynel Councy of Cumberland and Commonwealth of Pennsylvania, more p~rtieularly bounded and described as follows, eO' wit, in accordance w1th survey ot Erne5t. J. Walker. Regist.ered Professional Engineer, dated t.he 24"10 day of May, A.D., ~~6/: aSG~NN~NG at a paine an t.he southwester1y line of Bosler Avenue. which paint is SS feet westwardly of the westerly line of Cherry Avenue; thence extending South 38 degrees, East 150 feet to' a paine on the northeast:.erly line of Apple Alley:' t:.henc:e Elxtendi.ns alang the eame Sout.h S2 degrees 1 West 54 feet to a po~nt; thence exten4~ng North 38 degrees West 1~O feet to' a peint cn ehe scutheasterly line of Bosler Avenue North 52 degrees Eas~ S4 feet eo the poine of BEGINNING. HAVING THEREON ereceed half of a double three s~ory frame dwelling being ~~cwn ana numbered as 209 Bosler Avenue. SEING the same premises which James W. Snyder and Sarah A. Snyder, husband and wife, by cheir deed daead Apr~l l~. 1992, and reco~ded June 26, 1~971 in the Off~ce of the Recorder of Deeds of cumberland County in Record Book 1601 Page ~1, granted and conveyed unto gd~ard W. Orth and Arlene Orth. husband and wife. Gran~ors herein. Ol!':' 1 ~ l l , I I_.~I ...._,;<"',,~~""~,,---I , VERIFICA nON FR.-\~K FEDER.\!.-\~. ESQURE hereby st:!tes th:!t he is :!Homey for Plaintiff in this m:!tter, that Plaintiffls outside the jurisdiction of the court and. or the verification could not be obtained within the time allowed for the tiling of the ple:!ding, that he is authorized to make this veritic:!tion. and that the st:!tements made in the foregoing Civil Action in "[ortgage Foreclosure are true and correct to the best of his knowledge. information and bdief. Furthermore. it is counsel's intention to substitute a \'eriticatIon from Plaintiff:!s soon as it is received by counsel. The undersigned understands that this statement is made subject to tl:e penalties of IS Pa. C.S. Sec. -190.+ rel:!ting to Ul1S\\Om ralsitic:!tiOl1 to ,tuthont!es. ,~~~0-- D.-\ TE: (J ]olDl ~ ~ ,,~ "",",,,"" ." - ~, ,~>~",t,:',c 'M' f :'!',,' '. -, , p ."", '-",' ".', ' , ; '. ~,"J 'I] ", , " ., '~ d . " <I, J !" fl , ,-I i ~~' ! -:; : ! ; j: ~': In Ii' u, ,;d fZ [ B AUH' ,J.UNrJ'(;;; :''';','C,''J''-'''' if';:/'i~::I'!':: ~;1::!1 '~--""~';I)"-IO ~. '.... ...;il,_ JQ 3,jLi.:it;'i ""',"~ ~ ~"~',~~",~. ,~<.~~,~~- ~. ,",,',,,',,,,',,,:J,,;,,,,;jH,,,~IIM5&o)"':o!<i"1<",,,",,",'M\:-;''''~,'''<<'''''''J,",,'_>ill.!."M'<ll;""_lii_~~~<kl" .~ ~- .~. , ""'"'''''',.>:;r'- , , ~ In ;TI -.;? = m . : :.""".......:~L..~." .l - ; i.l ~, , I. ,J', ~:J .. -- .. 1>0 ..... . FEDERMAN AND PHELAN BY: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. Cumberland County No.01-2783-CIVIL Edward W. Orth Arlene Orth Defendants 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: 10/15)01 ~.L-~~~~ Frank Federman Attorney for Plaintiff ':i~;~OO~-;;~~#!~_l~~j~\#!%",.d;~~-"'i&''''''''';<'Mi;,,\i>i)~~';;lj'''~ ~"""""I."':'.''-''''"~~''''''_~1i>~~''';I_~:M!i6lld1 .Rn"...... I .. =- ..~^ ,~~. .. .... .... o c ",. ;:g~; ?""r; Zrt::' (J)'b, -...-","-" ,-"L ;<0 .:0>0 20' ::;;;;. ~ =< , ~, ~~-~~, -" ~" I!il.llil!ii!!il " o (oO', .r ." <:;) c-.> -l .\ ~Tl "r ~:.3F9 ~::1f;~ :;:)jj 70 (':Sm 35 -< co -U :::E: r::- fj:'i