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Home My WebLink About01-03317 ~ ., 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 19102-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-4399 TRUSTEE FOR SECURITIZATION SERIES 1999-1 AGREEMENT DATED 3/4/99 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 ATTORNEY FOR PLAlNTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. 01- .33J7 (!.~ u~tr~ CUMBERLAND COUNTY BRIAN RHOADES, NKJA BRYAN E. RHOADES, JR. LYNETTE J. RHOADES 112 N. ENOLA DRNE ENOLA, P A 17025 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,PA 17013 (717)249-3166 ~ Loan #; 2071614743INXW 'fli1~, . ~ ~ , ~ <" , ~, "O<,~' ,. <~;" - '. , ,"'r-c' .~ !~"","~^.l'l'lf ~. .. 1. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-4399 TRUSTEE FOR SECURITIZATION SERIES 1999-1 AGREEMENT DATED 3/4/99 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 2. The name(s) and last known addressees) of the Defendant(s) are: BRIAN RHOADES, A/KIA BRYAN E. RHOADES, JR. LYNETTE J. RHOADES 112 N. ENOLA DRNE ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/1/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST CONSUMERS MORTGAGE CORPORATION, A CALIFORNIA CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1506, Page 847. By Assignment of Mortgage recorded 2/19/99 the mortgage was assigned to CONTIMORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 604, Page 193. 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 2/4/01 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 aU interest due thereon are coUectible forthwith. ~ c ',- "~ , ~: , ^~ '., 6. The following amounts are due on the mortgage: Principal Balance Interest 1/4/01 through 5/4/01 (Per Diem $7.06) Attorney's Fees Cumulative Late Charges 10/1/98 to 5/4/01 Cost of Suit and Title Search Subtotal $22,226.97 854.26 800.00 154.70 550.00 $24,585.93 Escrow Credit Deficit Subtotal 0.00 157.40 $ 157.40 TOTAL $24,743.33 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. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. gI680.403c. 9. 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 $24,743.33, together with interest from 5/4/01 at the rate of$7.06 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. ~:r~ Is! Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , --~" ~ ,-' -"""',"":', " , ,-_, "'1 -, " " _,r_ " ' < - . ... ~7'f~ .,'-~, ,~ .l ,n, ALL TI1I\,T CERT^It>l piece or parcel o.f 14nd. sit:uat.e in the 1!a.st Pennsboro. Cumber1and County. Pennsylvania. bounded and described in oeeo~d8nc~ with a survey and plan theraof made by Ernest J. Walker. Prof. Eng.. dat~d February, 2. 1971. as follows: DEG~NNING at a point on tone Bast.e'rn'li.ne of Nort:h Enole Drive. said point. being 140 feet: Nort.h of the Nor-thern end of a. curve which connects the EaGl:ert'l. l;i.ne o~ North Enola Dr;.ve and the tforthern line of Ferry Street; thence along the East.ern line of North Eoola Drive North 10 deS1:"ees 20 minutes West 29.29(. feet to ~ poine of curve; ,thenc.e cont.inuing along the 'Eastern line of Not'1:.h Enola Drive in a NorthQrly direction on a curve to the right. having a radius of 302 fee~, for ~he arc diseance of .706 of a foot, to a point opposite the center of ~he pareition wall divid~n8 houses Nos. 112 and 114 North Enola Drive; chence alooa the premisea kno-wn as 114 N. Enola Orivli!: and p.ass~ns through ehe cent.er of ~aid partition wa11 Nor~h 79 degrees 40 m~nutes East 115 feet: to a point; thence South 10 degrees 20 minutes East 30 feet to a corner of land now or laee of C. Alan Hale known as 110 North Enolo Drlve. thence along said land South 79 degrees 40 m~nutes W~se 115 feec to the paine and p1aee of BBGINNING. HAV1:NG thereon erected a Southern half of a tWo story frame double dwelling knoW'n as No;.- 112 North Enoia Drive. BEING THE SAME PREMISES which Jeffrey E. Eslinger, ^dminiserator of the Es~ate of Prank P. Esliri.ger. Jr. and Guardian of Lohe Estates of Ro.semary L. Eslinger, Lauria A. Eslinger snd Fra"k P. Eslinger, III, by Deed daced August lS, 1989 and recorded August 17. 1989 in che Office of the Recorder of Peeds .in and for Cumber1and Couney in Deed Book C. Volume 34, Page 745, granted and conveyed unt:.e Laural S. Murray, single \ioman. the srantor herein. '~,"'~P~~ ,! '-I ,,' ~ VERIFICATION JOHN SHELLEY hereby states that he is FORECLOSURE MANAGER of FAIRBANKS CAPIT AL CORPORATION 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: f:>J~l{ /0 I ,"fll,~ ~., c~ ,,~_~ -'T~r;;>, , ,~ ~-~ "'.'."' ~"'- _.-_~"' ;."-' ,'." -~ '<'"~~~ o,'~" ~' -" "-'"'~'~,~"",=,-", ~" ,,"'~, <<, ~ ~<"^I- ."'~" "-,~~"' ~~. 7J P r "9- ..r::- f 1 ~ ~~ () () C) "-'~ 6 c= .. ......... t;:; D <::: ....... -.J /..J J , 1-) ~ -v c/) ~ ~ c:..v p: ~ y t ,. 1 -;~,! -.( j . ~[Il':I~~:I~j1!~'!1III~~_"",~itU_l'I'.iI_JI~ll'!)Wt"'~th'F"'~'f,,;:;a!>+::",-'; -'>;h-o."7'''';''';-'''1',-,,,'_'~{'-'F,,'';-'''''.'fr->1"~!,W.~-ImV''''-'":1"'M1i.~~,,,,~'~~j;!~.!i~ .., ..... CASE NO: 2001-03317 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RHOADES BRIAN ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES BRIAN the DEFENDANT , at 1602:00 HOURS, on the 4th day of June 2001 at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to BRIAN RHOADES 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 Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~ ~-t:~ R. Thomas Kline 06/07/2001 FEDERMAN & Sworn and Subscribed to before By: me this ,;,s"!!:::: day of 0"u dfJV/ A.D. ~~ () !nJ/;A. / AtJ~-r-, P othonotary I'~' ,-,en " " , ~, . . '", f"'-"" ' - "H ~,,~~, 'f" . , SHERIFF'S RETURN - REGULAR CASE NO: 2001-03317 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RHOADES BRIAN ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES LYNETTE J the DEFENDANT , at 1602:00 HOURS, on the 4th day of June 2001 at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to BRIAN RHOADES, HUSBAND 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 SOAn7~~ R. Thomas Kline 06/07/2001 FEDERMAN & Sworn and Subscribed to before By: . f""" me thlS .( - day of ~ ,)-.()V/ A.D. ~t2.~'~".i~ P othonotary , ~I ,t"",_", , - ,~" l' r ~ . ,~~ ~ _....~" ;' .; ''';_~, ,C',--' FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 Jolm F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Manufacturers and Traders Trust Company ATTORNEY FORPLAINTWF Court of Common Pleas Plaintiff Civil Division v. Cumberland County Brian Rhoades Lynette J. Rhoades Bryan E. Rhoades, Jr. Defendants No. 2001-03317 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: -1lk(oY ~~ s/rJJ. Francis S. Hallinan, Esquire Attorney for Plaintiff J ",'-,"- , ' . , , ',~." ~~ , .-,- - '_"t~.,=";,,,<," ^ ~-"',~" .. ~~"_'. <~,- .. _",.. 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