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Home My WebLink About01-04716FEDERMAN 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 ~ls~ S~~I_~nnn COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 72024-3632 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM NO. Q~ - ~7/~v PHII.IP A. LOWE 2103 LOGAN STREET CAMP HILL, PA 17011 Defendant(s) CUMBERLAND COUNTY **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WH.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIItMED, TffiS 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 maybe entered against you by the court without fiu-ther notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly 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 #:5838558 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE AAVISED 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. 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 PROVH)ES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED YN 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 JCJDGMENT 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, THEE 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. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 72024-3632 2. The name(s) and last known address(es) of the Defendant(s) are: PHILIP A. LOWE 2103 LOAAN STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1522, Page 1095. 4. 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 2/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $89,047.73 Interest 3,108.56 1/1/Ol through 7/1/01 (Per Diem $17.08) Attorney's Fees 4,000.00 Cumulative Late Charges 0.00 2/26/99 to 7/1/01 Cost of Suit and Title Search 550..00 Subtotal $96,706.29 Escrow Credit 0.00 Deficit (,,79_S i Subtotal $-622-53 TOTAL $97,385.82 The attorney's fees set forth above are inconformity 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 attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WIlEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,385.82, together with interest from 7/1/01 at the rate of $17.08 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIIZE Attorney for Plaintiff ,~~~ AIS. THAT CERTAIN piece and garcel o£ land situate in the Hozough of camp Hill, Cumberland county, Pennsylvania, mote particularly bounded and described as follows, to wit: HEGINNZHG at a point on the westerly line of North Twenty-First Street at the interSeCtiOn of said Street with the southerly line of Logan Str®et; thence in a southerly direction along North Twenty-first 6treet one hundred forty-Five (145) feet, more or less, to a point, said point being at a distance of thirty (3o) £eet measured in a northerly direction Erom the northern oroperty line o£ Camp Hill Cemetery Association; thence in a westerly direction along a line parallel with the northerly line o° Camp Hill Cemetery Associatien, seventy-ane <71) £e®t to a point; thence in a northerly direction parallel with the w®stern line o£ North Twenty-First Street one hundred Forty-five (145) feet, more or less, to a goiat on the southern line of Logan Street; thence along Logan 5treat in an easterly direction seventy-one (71) Feet to a point, the place o£ HEGZNNING. BEING part of lots seventy-seven (77), seventy-eight (78), seventy-nine (79), eighty (eo), and eighty-one (81), and a PREMISES: 2103 LOGAN STREET VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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 tme and correct to the best of his knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec,.4904 relating to unswom falsification to authorities. ///// DATE: ~~ ~~ t~~ ~. \ ~ ~ ~ ~ ~ ~ -, -o c~: ~.1 V L'>rr c3 `'~f= ~~`r- ~~ ~~ 1, G ~ ~ -~T l ,' D--c-{{ Cj ~,_{t7i a"7 'K i .. - ~. aarsa~~aiocmasa«,_ _ _r' a°ap_~ , r > .z^=-ues,,.e~, x~_f-m.~_ <uie~ ~«~~a~e~~sP SHERIFF'S RETURN - REGULAR CASE N0: 2001-04716 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOWE PHILIP A DAVID MCKINNEY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOWE PHILIP A the DEFENDANT at 2027:00 HOURS, on the 27th day of August 2001 at 2103 LOAAN ST CAMP HILL, PA 17011 PHILIP LOWE Sheriff or Deputy Sheriff of 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 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this ~~ `~ day of ,~,~ oZp~_ A.D. ~~ ~~ ~~h oP~othonotary ~ So Answers: ~.~~~ R. Thomas Kline 08/28/2001 FEDERMAN & PHELAN By: G , Deputy Sheriff FEDEIZMAN A.ND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.:12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 01-4716-CIVIL PHILIP A. LOWE Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE , 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. q z~-~t Date Frank Federman Attorney for Plaintiff ,~,;:: ;~, '~~.:> -::_- ` ~ -; -