HomeMy WebLinkAbout01-6037IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
VS.
DENISE ODETTE MELACHRINOS,
Defendant.
)
)
)NO.: OI -- ~7
)
)
) ISSUE NO.:
)
)
) TYPE OF PLEADING:
)
) CIVIL ACTION - COMPLAINT
) IN MORTGAGE FORECLOSURE
)
)
) CODE-
)
)
)
FILED ON BEHALF OF PLAINTIFF:
Chase Manhattan Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Faust, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
Firm#023
One Gateway Center, NineWest
PiUsburgh, PA 15222
(412)281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
VS.
DENISE ODETTE MELACHRINOS,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD 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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
VS.
DENISE ODETTE MELACHRINOS,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files
this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Manhattan Mortgage Corporation, which has its principal place
of business at 3415 Vision Drive, Columbus, Ohio 43219.
2. The Defendant is Denise Odette Melachrinos, an individual whose last known address
is 811 Brian Drive, Enola, Pennsylvania 17025.
3. On or about March 15, 2001, Defendant executed a Note in favor of Plaintiff, in the
original principal amount of $54,653.00. A tree and correct copy of said Note is marked Exhibit
"A", attached hereto and made a part hereof.
4. On or about March 15, 2001, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of
$54,653.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on March 19, 2001, in Mortgage Book Volume 1680,
Page 614. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter
alia, failure to pay the monthly installments of principal and interest when due. Defendant is due
for the June 1, 2001 payment.
7. Plaintiff was not required to send Defendant written notice pursuant to 35 P.S.
51680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior
to the commencement of this action for the reason that the aforesaid Mortgage is insured by the
Federal Housing Administration under Title II of the National Housing Act (12U.S.C.
5§1707-1715z-18) [35 P.S. 51680.401C(a) (3)].
8. Plaintiff was not required to send Defendant written notice of Plaintifl's intention to
foreclose said Mortgage pursuant to 41 P.S. 5403 (Act 6 of 1974) prior to the commencement of this
action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 5101
and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. 5101.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal
Interest through 10/3/01
Late Charges through 10/3/01
Escrow Due through 10/3/01
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$54,607.09
$ 1,584.84
$ 71.96
$ 201.91
$ 800.00
$ 1,500.00
$58,765.80
WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due
of $58,765.80, with interest thereon at the rate of $10.29 per diem from October 3, 2001, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
BY:
GRENEN & BIRSIC, P.C.
Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTA1NED WILL
BE USED FOR THAT PURPOSE.
Exhibit "A"
17902026
1179020265
March 15, 2001
811 BRIAN DR, ENOLA, PA 17025
1. pAR'IIF~
"Bonower' me~s each pe~on ~_.n~._. at ~e e~d o~ ~ds No~ ~d ~e pe~oa's ~,_ _~>t--c_ r~ ~ ~m, 'Lenger' me~s
CHASE MALE-~TTAN M~RTGA~E CORPORATION
2. BORROw~'S PROMISE TO PAY;
Fift~-Fo~ Thous~d, Six H~ed Fif~y-~ee ~ 00/100
~1~ (U.S. $ 54,653.00 ),~~ofT~
Six ~d Sev~-Eighths
3. PROMISE TO PAY SECURED
Borrower's prom~ m pay h sec~ed by a mo~, deed of ~mst or ~mn,r secu~y humm~mt fl~ ~ dasd ~e same d~ as
this Note m~l called the 'Secm-hy lnsm,---t ' Th= Security Inm-.---t promc= the ~--a~ fi'om lo~ses which m~h~ res~h if
Borrowe~ defaults und= th/s Norn
MANNER OF PA~
(A) Thne
Borrower shall mdcc a payment of p=incipaI aud ~ to Leude~ ou lhe fir~ day of each mon~= be_~i.ni.~ on
May 1, 2001 . Any~h~p~andh~emstr~,~n;-_=on~=fi~dayof
April, 2031 , wSl bc duc on fl~ date. wMch ~ c~le~ ~e ma~ da~.
Payme~tsh~bemade at 200 OLD WILSON BRIDGE RD
COL~/MBUS, OH 43085
or at such o~a= pl~ ~ ~ ~y dcsi~ ~ wfi~ by ~ ~ Bo~w~.
(~ ~t
Three H~dre~ Fifty-Nine ad 03/100
~) ~e to ~s Note ~or Pa~t Adj--=
5. BORROI~I~R'S RIGHT TO PR.~PAY
Borrower has ~he fll,,ht m Imy :he d~t cvid~mced by ~ Nole, in wkde or in pan, wi~ou~ chsr~ or penally, on ~he fir~
day of any mm~h. Lendar shall sccept p~pay~e~ ~m c~h~r days pro~ ~mi borrow~ pays inl~-~ cm ~he amotmt p~ f~
t~mr~".~"~`~fmem~h~heex~uir~byI~ndara~dpezmi~i~ibyr~mL2~ms~fd~~. IfSon~w=~t,.~a
p~-t~ prep~ymeu~ ~ere w~ be ~o ch~gcs ~- ~he due da~ or ~- the smm~ of ~e rao~fly pay~,'-t u~ ~ ~ ~ ~
If ~ --,~, ~u ~t m~h,~ t~l~ .~,-,~y ~wfm~ ~ ~; ~e Secu~ ~.~m% ~ ~scdbed h P~ra~T~ 4(c) ofm~.
Noto by ~he end of flite~m c~-.~, day~ ~f~r ~e paymen~ 15 due, Leader may collec~ a late ctmr~ In g~e s~ount of
4%
OB) Default
Wl~cumstance. s regulado=s i~ued by the Secrem~, w~.I Umtt L~nd='s gght to r~quir= im--.dia~ payment in full in th~ o~e of pa-~-nt
BY SIGNING BELOW, ~o~owc~ access ~nd ~ to ~he te~ms aud ~o¥~'~t ~ ~o~[/~l~([ in ~ No~.
'D~ISE ODETTE E~CHRINOS
NESS')
Exhibit "B"
RecOrd and Return to:
C~ASE MANHATTAN MORT~kGE CORPORATION
1500 N 19TH STREET
.o o. ., ,2o ORi i; L
ATTENTION: FINAL CERTIFICATIONS
MORTGAGE
THIS MORTGA~B
DENISE ODETTE MELAC~RINOS, MARRIED
Kf. :~.'.? :. ZIEC, LER
RECORDE~, OF DEEDS
CU~BERLAtID COUNTY~pA
'~1
17902026
15, 200~
whO~ add~e~ is
811 BRIAN DR, ENOLA, PA 17025
,("Bom)w=").
CHASE ~TT~ MORTGAGE CO.OPTION
w~iso~i~s~e~of the State of New J~sey ,~dwh~c
~ 343 THO~L ST
~ISON, NJ 08837 .... ~: ,("~="). ~~~0f
Fifty-Fo~ ~ousand, Six H~dred Fifty-~ee ~d 00/100
DolI~ (U.S. $ 5 4,6 5 3 . 0 0 ). ~ de~ ~ ~ ~ Bo~'s No~ dat~ ~c ~ ~ ~ ~s ~
~ Note, wi~ ~e~, ~d ~1 ~, =~o~ ~d m~ of ~ ~om; ~) ~= pa~t of ~ o~ ~, ~
See Attached Legal Description
whtch h~ ~he addre~ af
811 BRIAN DR, ENOLA, PA 17025
TO(~=I'~R WITH ~ ~e ~v~ ~ or ~ ~ed ~ ~e pmp~, ~ ~ ~J, ~, ~
fl~w ~ ~p~ of~.
~ of ~e f~o~g ~ ~ m ~ ~ 3e~ ~ ~ ~ '~."
~r~ ~ ~v~ ~ ~y ~d ~ ~ ~ ~ ~, ~t for ~ 0f ~ ~ ~ ~
U I,O..FORM COVENANTS:
be levied ~'n~:'d~e Prol~, (b) lellse~ltt .jm'~t* o~ ~.,~,d zmts ~ l~e Pt'opera, ~ (c) ~,~ ~ ~ ~ ~
Devel~l~n~t ('~'), ~ ~ ~ ~ h w~ ~ p~ ~ ~ b~ ~ ff ~
~ ~, at ~ ~, ~ ~d ~ ~ ~ T~ ~ ~ ~e ~t to ~ ~m
pay ~e ~omw I~ wh~ ~ ~d~ ~ ~ ~ ~ ~ ~ ~ m m~ ~ ~
~A.
~ ~w ~ ~e pl~ ~ ~ ~ for ffi ~ s~ by ~ ~ ~m~t
~o ~er ~ ~ pa~ ~ ~ ~ ~, Bo~ s ~ ~ be ~ ~ ~ b~ ~i,i~ ~ ~ ~nl~ il~
~er ~ p~y I~ ~y ~ ~s ~ ~w~. I~y p~o~ to a fo~o~ ~e of ~e Pm~ ~ i~ ~on
by ~der, Bo~w~'s a~t ~ be ~t~ ~ ~y b~ ~n~g for ~ ~s~ for i~ (~,
3. AppH~on of ~. ~ ~ ~er ~ I ~ 2 ~ be appH~ ~ ~ ~ fo~:
~, ~ ~:~est due ~ ~
~l i~mv~m on ~e ~, wh~ now ~ ~ or ~bs~y ~ed, ag~ lo~ ~ ~o~
by ~e ~. ~l ~ ~ be ~ wi~ ~ ~zov~ ~ ~. ~ ~ ~1~ ~ ~y ~ ~I
~ held by ~ ~ ~ ~e l~s p~le ~ ~ ~r of, ~d ~ a ~ a~:$~ ~, ~d~.
Io ~ Pa~h 2, ~ ~e ~ ~ of ~ pa~. ~y ~ ~ p~ ov~ ~
~bi~, ~1 ~, ~e ~ ~ of ~ ~ ~d ~ ~ ~H~ ~ fo~ ~ ~ ~ ~ ~.
5. Oc~, ~g~, ~t~ ~d ~t~on of ~e ~o~ Bo~s Lo~ AprOn; ~ol~.
~ ~ ~t (or ~ s~ ~ys of a ~ ~e or ~ of ~ P~) ~ ~ ~am~e
~ Bo~w~'s p~ r~ ~r ~ I~ ~ ~ ~ ~e ~ ~ ~, ~ ~ d~
~ ~due h~p ~ Bo~, or ~ ~ ~ ~ w~ ~ ~o~ Bo~'s ~l.
P~. ~w~ s~ ~ ~ ~ ~t E ~, ~ ~ 1o~ ~p~on pm~, ~ ~y
~fo~ or ~-~ ~ ~ (~ ~ ~ p~ ~ ~ ~y ~ ~) ~ co~,t~
~ ~ o~ ~ of ~y p~ of ~ ~, ~ ~: ~v~ ~p~ of ~-~i~, ~ ~ $~ ~ ~
b:p~d to ~o ~e ~of~ ~of~ ~b~ ~ ~a~ ~e No~~
~d~ ~1 ~ly m~ p~ ~o ~ ~on ~ ~ ~ n~ ~ No~ ~ ~ S~ ~t.
lmm.ante smd odin. items ,,,~tt,-,,ml tn Para~ 2.
~ ~ ~ ~ 10 ~ ~ ~of~fi~.
~r m or on ~ ~ d~ of ~e ~ ~y ~t or
~. ~ ~d ~ ~ ~ ~ ~ L~ C~. ~ ~v~ ~ ~ of ~s
Propeu~. Bon'owc~ authorlze~ Lender or ~'s ~ m ~U~ ~e ~ ~ ~ ~ ~ ~ ~ t~t ~ ~e
~ m pay ~ ~ ~ ~ or ~d~'s ~. Ho~, ~r m ~s ~ce ~ ~w~ ~ ~'s b~ of ~y
~v~ or ~t ~ ~e ~V ~, Bo~w~ ~I ~ ~ ~e ~ ~ ~d r~u~ of ~ ~ ~ ~s~
~d by app~ble ~w,
m ~e ~, ~s S~ ~t ~ ~ a ~ ~ ~.
Condo~nium Rider
COMMOKWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAI~D
On.is 15th d~yof March, 2001
~mb~/ber, a No~ ~blic ~ ~d for ~e Co~nw~ of P~I~ ~ ~
D~ISE ODETTE ~C~S, ~IED
Wl'll,,rE~ my ha33d and s~%l, th~ day and. ~ a.fo~
I; NOT.~IAL S~.AL ]
6'0
ALL THAT CE~TAINunit in the property known, nau%e~ and
identified in the Declaration Plan, referred to below as Westwood
Village Condominium located in East Pennsboro Township,
Cumberland County, Conmnonwealthof Pennsylvania, which has
heretofore been submitted to the provisions of the Unit Proper~y
Act of Pennsylvania, Act of July 3, 1963, P. L. 196, by the
recording in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, of a Declaration Creating and Establishtn~
Westwood Village Condomt~4um, dated January 29, 1975, and
recorded on January 29, 1975, in Misc. Book 213, Page 283, a/id
amended by certain First Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated May 28, 1976, and
recorded on June 22, 1976, in Msic. Book 223, Page 729, and a
certain Second Amendment to Declaration Creating and Establishing
Westwood Village Condominium dated July 21, 1976, and recorded on
July 26, 1976, in Misc. Book 223, Page 343, and a certain Third
Amendment to Declaration Creating and Establishing Westwood
Village Condominium dated June 9, 1978, and recorded on June 23,
1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment
to Declaration Creating and Establishing Westwood Village
Condominium dated June 13, 1978, in Misc. Book 236, Page 250, and
a Code of Regulations of Westwood Village Condominium dated
January 29, 1975, and recorded on January 29, 1975, in Misc. Bock
213, page 328, and amended by a certain First Amendment to Code
of Regulations of Westwood Village Condominium dated May 28,
1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737,
and Declaration Plan of Westwood Village Condominium dated
January 29, 1975, and recorded in January 29, 1975, Plan Book 26,
Page 15, and amended by a certain First American to Declaration
Plan of Westwood Village Condominium dated July 2I, 1976, and
recorded on July 26, 1976, in Plan Book 28, Page 72, and amended
by a certain Second Amendment to Declaration Plan of Westwood
Village Condominium dated June 16, 1978, and recorded on June 23,
1978, in Plan Book 33, Page 28, being designated on said
VERIFICATION
[~ffl~erebyeam states that he is ASSISTANT SECRETARY of
CHASE MANHATTAN MORTGAGE 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 txue 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: 2001-06037 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
MELACHRINOS DENISE ODETTE
REGULAR
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MELACHRINOS DENISE ODETTE the
DEFENDANT
at 811 BRIAN DRIVE
ENOLA, PA 17025
at 1711:00 HOURS, on the 30th day of October
APT 302
by handing to
DENISE ODETTE MELACHRINOS
true and attested copy of COMPLAINT - MORT FORE
together with
, 2001
and at the same time directing Her 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 f ~ day of
~7~,~/,~ _3 ~ A.D.
/ P~othonotary '
So Answers:
R. Thomas Kline
10/31/2001
GRENEN & BIRSIC
BY : I
- DepUty Sh~iff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
DENISE ODETTE MELACHRINOS,
Defendant.
NO.: 2001-06037 Civil Term
ISSUE NO.:
TYPE OF PLEADING:
Praecipe to Settle and Discontinue
without Prejudice
FILED ON BEHALF OF PLAINTIFF:
Chase Manhattan Mortgage
Corporation
COUNSEL OF RECORD FOR THIS
PA RTY:
Kristine M. Faust, Esquire
Pa. I.D. No.: 77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHA~FAN MORTGAGE
CORPORATION,
Plaintiff,
NO.: 2001-06037 Civil Term
VS.
DENISE ODETTE MELACHRINOS,
Defendant.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREIUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
GRENEN & BiRSIC, P.C.
BY:
Kristine M. Faust, Esquire
Attorney for Plaintiff
Sworn to and subscribed before me
this~_.~day'~ti of ~t~ ~ ,2001.
No{~ary Public~)
Pittsburgh Allegheny County ~
My Commission Expires June 2, 2003