The URL can be used to link to this page

Home My WebLink About01-04228FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215)563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. TIMOTHY S. CLIPPINGER TRACIE A. CLIPPINGER Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No. O1-4228-CIVIL TERM, 2001 FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 10/29/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORP., T/A CONSOLIDATED MORTGAGE CORP. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1348, Page 818. By Assignment of Mortgage recorded 10/29/96 the mortgage was assigned to PROVIDENT BANK OF MARYLAND which Assignment is recorded in Assignment of Mortgage Book No. 533, page 702. By Assignment of Mortgage recorded 2/14/97 the mortgage was assigned to PLAINTIFF which Assignrent is recorded in Assignment of Mortgage Book No. 540, Page 809. Kindly change the information on the docket. , ~~ Date: July 25, 2001 -~ ~ .~~-C/l~/,~~f/~ - Frank Federman, Esquire Attorney for Plaintiff ~. CASE NO: 2001-04228 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CLIPPINGER TIMOTHY S ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER TIMOTHY S the DEFENDANT at 1953:00 HOURS, on the 24th day of July 2001 at 338 C STREET CARLISLE, PA 17013 TIMOTHY S CLIPPINGER by handing to 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 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ ~ day of ~/~ A.D. ~~~ rothonotary So Answers: R. Thomas Kline 07/25/2001 FEDERMAN & PHELAN By ° ~~ ~ ~ :Q.~.. Deputy Sheriff t SHERIFF'S RETURN - REGULAR CASE NO: 2001-04228 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CLIPPINGER TIMOTHY S ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLIPPINGER TRACIE A the DEFENDANT at 338 C STREET at 1953:00 HOURS, on the 24th day of July 2001 CARLISLE, PA 17013 TIMOTHY S CLIPPINGER by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this G Ee, day of o2b7j A.D. rothonotar~ So Answers: ~~~~~~~ R. Thomas Kline 07/25/2001 FEDERMAN & PHELAN By . ~ Q~ Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIltE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (~~ s~~_~non COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PTX-B35, PLANO, TX 72024 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM TIMOTHY S. CLIPPINGER TRACIE A. CLIPPINGER 338 C STREET, CARLISLE, PA 17013 Defendant(s) CUMBERLAND COUNTY **THIS FII2M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFHtMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 appeazance personally or by attorney and filing in writing with the court your defenses or objecfions to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment maybe 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 #:5909984 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 VALH)ITY 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. LII{EWISE, 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 MAIDE 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. 1. Plaintiff is: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PTX-B35, PLANO, TX 72024 The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY S. CLIPPINGER TRACIE A. CLIPPINGER 338 C STREET, CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/29/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORPORATION T/A CONSOLIDATED MORTGAGE CORPORATION IN PA., N.J. AND DE. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1348, Page 818. By Assignment of Mortgage Recorded 10/29/96 the mortgage was assigned to PROVIDENT BANK OF MARYLAND which Assignment is recorded in Assignment of Mortgage Book No. 533, Page 702. By Assignment of Mortgage Recorded 4/14/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 540, Page 809. 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 3/1/01 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. .~ t•~.~4 ~,.~,~.- 6. The following amounts are due on the mortgage: Principal Balance $67,009.45 Interest 2,248.39 211/O1 through 7/1/01 (Per Diem $14.89) Attorney's Fees 3,350.00 Cumulative Late Charges 105.92 10/29/96 to 7/1/01 Cost of Suit and Title Search ssn nn Subtotal $73,263.76 Escrow Credit 0.00 Deficit ]3.10 Subtotal $_L'iS14 TOTAL $73,398.86 The attorney's fees set forth above are in confomuty 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 attomey'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. WHEREFORE, PLAIIVTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,398.86, together with interest from 7/1/01 at the rate of $14.89 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. /a/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,,: ALL that Carlisle, Cumberland On the North Company; on the Brownawell; and on frontage on "C" Street and being made up Improvement tract of land wish the improvements thereon situate in the Borough of Pennsylvania, bounded and described as follows: "C" Street; on the East by property now or formerly of Carlisle Trust 1 by property now or formerly of Edward Brownawell and Rebecca E. West by property now or formerly of S. L. Riven. Said lot having a .f 48.85 feet and on the South of 49.95 feet, and a depth of 101.40 feet pa17s of Lots Nos. 37 and 38, $loek 14, of the Carlisle Land and and being known as 338 "C" Street, Carlisle, Pennsylvania. the same property which RAYMOND C. BOBB, III and DEBORAH A BOBB, his wife, ranted and conveyed to JOHN A. BOBB, one of the grantors herein, by deed dated Novembe 3, 1994 and recorded in the Offce of the Recorder of Deeds for Cumberland County, in Deed Book 114, Page 563. VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plainfiff in this matter, that he is authorized to take this Verification, and that the statements-made in the foregoing Civil Action in Mortgage Foreclosure aze true and correct to the best of his laiowledge, 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: ~ Y ni.-.. .;verve; ~,w ~~+as .. -.,x~cn, ^~s fe!~a:~~sns~r.~ FEDERMANAND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 Cane Pehn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTYWIDE HOME LOANS, INC. Plaintiff Conrt of Common Pleas CUMBERLAND Connty Vs. No. O1-4228-CIVIL TIMOTHY S. CLII'PINGER TRACIE A. CLIPPINGER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WTTHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, upon payment of your costs only. A Chapter 7 bankruptcy was filed on JULYS, 2001, which invalidated the complaint. :~ s'.,i~~`fYfJ~/LiW o~G~ ,~/X U~-~, p %yy.r2~-c..~ Date Frank Federman Attorney for Plaintiff c~ c-.; ~C~ µ ) 1. ~_ L~_ L_ ~ e (.. -i c. rl -~ 1 L= _. ~ i :° - V ^ ~.t „a-..,. ~:~'a}zu~taAr'~§».xF~.~~~~~ r-~a ~v,.;,.rs!_