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HomeMy WebLinkAbout03-2531FEDERMAN 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 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 Plaintiff Vo ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. <33 - ROXANNE E. WEAVER 336 GETTYSBURG PIKE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY COMMONWEALTH OF PA C/O JOHN DAILEY, ESQ., OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 OFFICE OF THE ATTORNEY GENERAL 16TM FLOOR STRAWBERRY SQUARE HARRISBURG, PA 17120 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 #: 001089750-2 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#:001089750-2 Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 The name(s) and last known address(es) of the Defendant(s) are: ROXANNE E. WEAVER 336 GETTYSBURG PIKE MECHANICSBURG, PA 17055 COMMONWEALTH OF PA C/O JOHN DAILEY, ESQ., OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 OFFICE OF THE ATTORNEY GENERAL 16TM FLOOR STRAWBERRY SQUARE HARRISBURG, PA 17120 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/30/1996 ROXANNE E. WEAVER made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage BookNo. 1346, Page 697. By Assignment of Mortgage recorded 11/8/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 534, Page 447. 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 #: 001089750-2 10. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2002 through 05/28/2003 (Per Diem $9.48) Attorney' s Fees Cumulative Late Charges 09/30/1996 to 05/28/2003 Cost of Suit and Title Search Subtotal $43,262.63 1,696.92 1,250.00 71.67 $ 550.00 $ 46,831.22 Escrow Credit - 445.02 Deficit 0.00 Subtotal $- 445.02 TOTAL $ 46,386.20 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. The Commonwealth of Pa, is being named a Party Defendant herein in accordance with Pa.R.C.P., Rule 1144 as a result of Commonwealth of Pa vs. All that certain lot or parcel of land located at 336 Old Gettysburg Pike, Mechanicsburg, Pennsylvania, and described with particularity at deed book: 147, page: 680, Recorder of Deeds Office, Cumberland County, Pennsylvania, 02-117 Misc. a court order dated 1/3/03 Forfeiting the mortgaged property to the Commonwealth. A tree and correct copy of Said Order is attatched hereto and marked as Exibit A. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 46,386.20, together with interest from 05/28/2003 at the rate of $9.48 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHE~LAN,,LL~P / . By: is/Francis-S, a man FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 001089750-2 .^pr-22-ZO03 0Z:lSpm From-PREMIER ABSTRACT COMIvIONWEALTH AT .T. THAT CF..,RT~ LOT OR. : PARCEL OF LAND LOCATED : AT 336 OLD CrI~TTY:~BUR.G : ~K.E, NIEC~CSBURO. : pENNSYLVANIA, ALqD : PARTICULARITY AT DEED : BOOK I47, PAGE 680, : RECORDER OF DE~D$ OFFICE, : CUMB]~L~ CO[rNTY, : FSNNSYLYA-NIA- : +243 3390 T-$11 P.002/00§ F-$37 'Z;'7' F. ZIEGLER · :.':RD'?il ~F DEEDS .'?.'RLAND COUNT'f- :' 03 FEd lo~ Fi~ 11 07 IN THE COUP. T OF COM/vlON PLEAS CUNIBERLAND COUNTY, PENNS~V~ 02-117 MISCELLANEOUS PETITION FOP, FORFE__.rrUKE BEFORE I-~SS. J. ORDER AND NOW, this day of January, 2003, upon consideration of the ~tition and after hearing, it is ordcred and decr~cd as follov~: The prayer of fie petition is grant~l.. All claims of right, title or inte. mst of goxanne E. Wcav~ and Jame~ M. W~aver, and any o,.her Claim.ant in tho d~fcndanl/mal proper~ except that of Principal .R.csidential Mortgage, I~c., and all other valid li~ns aud ancurabranc~s l~rfectod on th~ defandanffreal property before the dale of seizar¢ which is March 4, 2002, ar~ hereby declared to be t~rmlnated, revoked ancl rendered null and void. The r~al esta~ located at 336 Old Gettysburg Pike., M~chanicsbu~g, Cumberland County, p~nsylvauia, as de. scribed with particularity in Deext Book 14/; Page 680, Re;order ofDeo:ls Oiice, Cumberland County, p~__n_~jlvamia, and as attach"'ext, along w~/.h all of itm improvements, appartemmces, buildings, stmmtur~s and all oth~ items, is hereby conclemaned ~.~ 755 -~,,,:'--3S63 ' EXHIBITA ,Apr-22-ZO03 OZ:lSpm From-PREMIER ABSTRACT +243 339~ T-611 P.003/005 F-837 and forfdmd to thc Ccmmonwealth ofp~y]vania, Office of Attorney C.~neral, p~-'~ m th~ Judicial Code, Chapt~: 68, Controlle~i Substances Forfdturcs Act, Semions 6501-6802, 42 pcnnsylva32ia C,S.A- ~jection 6801 et seq., for distribution, use or disposition in a~cordancc with days o£ s~vice .of this order. 1GW, When and ift~,e defendant/red property is sold, the nc~ proceexts of said sale .~hatl be forfeited, a/~ all valii liens and encumbrances, which inclu~s the Principal Residential Mortgage, Inc.'s note s-cured by its mortgage on the defendant/real property, and all expeases of forfeiture and sale the~of have been deductccl and paid to thc proper authorities, to thc Commonwealth of peansylvania, Office of Attorney General, and the Cumberland County Dis~ct Attorney's Ot~Sce pursuant to the Controlled Substances Forfeitures Act, an Ac~ of June 30, 1988, Act No. 19~:8-79, 42 pennsylvania C.$.A. Section 6801 et seq. This orde~ shall be record~l in the Kccorde. r of Dee~ Office for Cumberla~d County as proof ofjucltpme~t and w~nsfcr of title to the Corn_monwealth of P~nnsylvania, Office of Attorney General, in order that the lxopertY may be sold. Any persons r;sidi~_g in said residence shall vacate the premises wkh.in forty-five Service shall be made by delivering a copy of this ord,, r. To ,the.. bc recorded BY TIlE COUP. T, K/~ A. Hess, J. the.lleslclenc~. ~00~ ~ e~q ~ a .[3664 l j G Xl.-IlBITA ALL THAT certain lot or piece of ground situate in the Vii!aqe of Sheperdstown, Upper Allen Township, Cumberland Ccunty~ and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point. (formerLy a black oak); thence by lands now or late of Catherine Widders, North eleven (!!! degrees West eleven and eight tenths ~!1.~) perches; thence b~£ 2ands new or formerly of John K. Knise!y South fifty and one-kaLf (50 1/2) degrees East twelve and two tentks (12.2! perches ~o the State Road; thence in said road South t~hirty-two and one-~=~ (32 1/2) degrees West seven (7) perches; thence by lands no~c or late of Catherine Widders, North forty-six an~ one-half (~$ L/2) degrees ~est two (2) pe~cnes ~ne ~ace of 3EG~NNiNG. CONTAINING fifty-nine (59) perches of land, neat measure. HAVING THEREON erected a dwelling known as 3~ Gettysburg Pike, Mechanicsbur~, PA. BEING THE SAM~ PREmiSES w.~_ich JoseDk W. Shattc ~a/k/a Joseph · . ' ~r~; deed dated W Shatto, Jr ) and Norma Rush Saattc, his wife, _ September 30, 1996 and tc De recorded b. erewith Ln ~= ©-~ice of ~ Recorder of Deeds in =~d ~ ,~ranted and .... ,or Cumber!and Ccunty~ conveyed unto Roxanne E. Weaver, married person, '-k,= Mortgagor herein. PREMISES ON 336 GETTYSBURG PIKE VERIFICATION TRACY MARTIN, hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she 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 her 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: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-0253]_ P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIqD PRINCIPAL RESIDENTIAL MORTGAGE VS WEAVER ROY. ANNE E ET AL BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPIJtINT - MORT FORE WEAVER ROXANNE E DEFENDANT , at 1310:00 HOURS, at 709 ERFORD ROAD CAMP HILL, PA 17011 CARELY WEAVER, DAUGHTER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of June , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~o~ day of .~ ~ 6~2_5 A.D. , ~rothonotary~ ,~ So Answers: R. Thomas Kline FEDERMANBy: & PHE , Deputy Sheriff - SHERIFF'S RETURN - CASE NO: 2003-02531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS WEAVER ROXANNE E ET AL REGULAR CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon PENNSYLVANIA COMMONWEALTH OF C/O JOHN DAILEY DEFENDANT , at 1045:00 HOURS, on the 3rd day of June at CUMBERLAND CO DIST ATTY OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JOHN DAILEY a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 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 3~ ~ day of ~ ~ A.D. othonotary So Answers: R. Thomas Kline o6/i /2oo3 FEDERMAiq & PHELAN /; .. /z~ -- "-Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-0253]. P COMMONWEALTH OF PE~SYLVB-NIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS WEAVER ROXANNE E ET AL - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: ATTORNEY GENEP~AL OFFICE OF but was unable to ]locate Them deputized the sheriff of DAUPHIN serve the within COMPLAINT - Sheriff or Deputy Sheriff who being search and in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On June 19th , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 25.50 .00 50.50 06/19/2003 FEDERMJ~N & PHELAN Sworn and subscribed to before me this 3~ ? day of i Prot honot4a~y __ , this office was in receipt of the Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Principal Residential Mortgage Inc. VS. Roxanne E. Weaver et al SERVE: Office of the Attorney General No. 03-2531 civil Now, June 2, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby, deputize the Sheriff of Pauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service , 20__., at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __. day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AI~D NOW:June 3, 2003 COMPLAINT IN MORTGAGE FORECLOSURE OFFICE OF THE ATTORNEY GENERAL (SECT) to CATHY STEHMAN of the original COMPLAINT IN MORTGAGE FORECLOSURE to him/her the contents thereof at STRAWBERRY SQUARE 16TH FLOOR HARRISBURG, PA : PRINCIPAL RESIDENTIAL MORTGAGE INC vs : OFFICE OF THE ATTORNEY GENERg~L Sheriff's Return No. 1309-T - -2003 OTHER COUNTY NO. 03 2531 at 2:05PMserved the within upon by personally handing 1 true attested copy(ies) and making known 17102-0000 Sworn and subscribed to before me this 3RD day of JUNE, 2003 \ . PROTHONOTARY So Answers, Sheriff of Dauphin Cou-~ty, By Deputy Sheriff Sheriff's Costs: $25.50 PD 06/03/2003 RCPT NO 179340 T WONG 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 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 03-~-f CIVIL ,2.3 -,2 ;'Z/ ROXANNE E. WEAVER COMMONWEALTH OF PA C/O JOHN DAILEY, ESQ., OFFICE OF THE DISTRICT ATTORNEY OF CUMBERLAND COUNTY OFFICE OF THE ATTORNEY GENERAL Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PRE[UDICE, 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. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff