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Home My WebLink About03-2269FEDERMAN 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 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION Mo BRIAN D. PUTNEY 705 APPLE DRIVE MECHANICSBURG, PA 17055 Plaintiff TERM NO, {)3.- ~o~ff ~ CUMBERLAND COUNTY PATRICIA PUTNEY 705 APPLE DRIVE MECHANICSBURG, PA 17055 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 fights 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 #: 0014950737 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. Loan #:0014950737 1. Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: BRIAN D. PUTNEY 705 APPLE DRIVE MECHANICSBURG, PA 17055 PATRICIA PUTNEY 705 APPLE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/29/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1733, Page 3913. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 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 #:0014950737 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2002 through 05/08/2003 (Per Diem $36.03) Attorney's Fees Cumulative Late Charges 08/29/2001 to 05/08/2003 Cost of Suit and Title Search Subtotal $172,964.21 5,728.77 1,250.00 244.68 $ 550.00 $180,737.66 Escrow Credit - 414.00 Deficit 0.00 Subtotal $- 414.00 TOTAL $180,323.66 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $180,323.66, together with interest from 05/08/2003 at the rate of $36.03 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. By: /~/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #:0014950737 ALL THAT CE1;',TAIN piece or parcel of laud s/ma~e in the Borou~ of Mechanicsbur~, Cumberland Courxy, Pennsylvania, bounded and described as follows, to wit: BEGINNING at ~ point on the northern line of Apple Drive, said point being on thc dividing line between Lots Nos. $ and 6, Block "H", on the hereinafter mentioned Plan ofLo~s; rJ~--nce along said dividing line North 16 degrees 06 _minutes IS seconds West, one htmdred twenty and zcro hundredths (120.00) feet; thence North 73 detrees $3 minur~.s 45 seconds Ea one hundred and zcm hundredd~s (100.00) fect to a point on the dividing line betwe~ Lot Nos. 5 and 7, Block "I-P on the hereinafter mentioned Plan of Lots; thence along said dividi,~g line South 16 degree~ 06 mintues 1 $ seconds East, one hundred twenvy and zero hundredths (120.00) feet ~o · point on the northern line of Apple Drive; ~hence along thc northern linc of Apple Drive, South 73 degrees 53 minutes 4~ seconds West, onc hundred and zero hundredths (100.00) fcet to a point on the dividing line between Lot Nos. 5 arid 6, Block "H", thc place of BEGINNING. BEING Lot No.6, Block 'II" on thc revised Final Subdivision Plan, Part of Section III of Heritage Acres, said Plan being recorded in the Cumberland County Recordcr of Deeds Office in Plan Book 39, Page 114. HAVING ERECTED THEREON a dwelling house being known and numbered as 705 Apple Dr/ye, Mechanicsburg, Pennsylvania. BEING the sa~e prcmises which Vincent $. Ford and $osephine M. Ford, his wife, by Deed dared .luly 19, ] 988 and recorded .luly 28, 1988 in the Office o£Recordcr of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M33 page 187, granted and conveyed unto Emerson F. Far. kler and M. Fay Facklcr, his wife. Grantors herein. PREMISES ON 705 APPLE DRIVE VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2003-02269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP V$ PUTNEY BRIAN D ET AL - REGULAR RONALD HOOVER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon PUTNEY BRIAN D DEFENDANT , at 2053:00 HOURS, on the 19th day of May at 705 APPLE DRIVE MECHANICSBURG, PA 17055 by handing to BRIAN D PUTNEY a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 -' 34.9~-- Sworn and Subscribed to before me this __/~ day of -~ ~ "A.D. Prothonotary ~ , So Answers: R. Thomas Kline 05/20/2003 FEDERMAN & PHELAN By: SHERIFF'S CASE NO: 2003-02269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS PUTNEY BRIAN D ET AL RETURN - REGULAR RONALD HOOVER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PUTNEY PATRICIA DEFENDANT , at 2053:00 HOURS, at 705 APPLE DRIVE MECHANICSBURG, PA 17055 PATRICIA PUTNEY a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 19th day of May by handing to the , 2003 MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this /~ day of So Answers: Ro Thomas Kline 05/20/2003 FEDERMAN & PHELAN By: Deputy Sheriff 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 CENDANT MORTGAGE CORPORATION VS. BRIAN D. PUTNEY PATRICIA PUTNEY Plaintiff Defendant(s) Court of Common Pleas CUMBERLAND County No. 03-2269 CIVIL PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREIUDICE, 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. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff