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Home My WebLink About03-3065FEDERMAN AND PHELAN, LLP By: FRA2qK 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 ATFORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff LARRy A. ENGBERG DONNA J. MEASE RD 3 BOX 1479 A/K/A 4129 ENOLA ROAD NEWVILLE, PA 17241 COURT OF COMMON PLEAS CW1L DIVISION TERM No. -- CUMBERLAND COUNTY Defendant(s) CIVIL ACTION. LAW COMPLAINT IN MORTGAGE FOREC/gSURE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING T , INFORMATION OBTA O COLLEC~A D 1NED WILL BE USED FOR THAT PURPn~' ..... EBT AND ANY .... st rU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOREAFF/RMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE A~TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST P/~ERTY ** YOU have been sued in Court. If you wish to defend against ' pages, you must take action within twenty (20) days a/~er this~e claims se~b. in'the foYtowiag Complaint a~d Notice are served, by entering a wr/tten 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 ma be · without further notice for a. ........ ~_: ....... Y entered against you by the court requested by the Plaintiff, You may lose money or property or other rights invpurtant to you. -v '-'~,,'-,r ,4atmx:a m me L:omplamt or for any other claim or relief 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 CCrMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 75964 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. File #: 75964 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: LARRY A. ENGBERG DONNA J. MEASE RD 3 BOX 1479 A/K/A 4129 ENOLA ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/11/1988 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HILL FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 919, Page 936. By Assignment of Mortgage recorded 6/28/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 368. 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 03/01/2003 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. File #: 75964 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 06/26/2003 (Per Diem $6.36) Attorney's Fees Cumulative Late Charges 10/11/1988 to 06/26/2003 Cost of Suit and Title Search Subtotal $45,808.95 928.56 1,250.00 56.12 $ 550.00 $ 48,593.63 Escrow Credit - 38.53 Deficit 0.00 Subtotal $- 38.53 TOTAL $ 48,555.10 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 Sheriffs 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 ternfmated 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 $ 48,555.10, together with interest from 06/26/2003 at the rate of $6.36 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: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 75964 ~r~ =h~= =er'~ ==ac~ of land si=ua=e in =~ village of Blose~ille, u~ ~n; ~ s~l a~ 1~ of ~ ~, Sou~h 85 ~ ~s=, 147.5 W~, 196.5 f~ =o a ~ ~ 1~ of 1~.~ ~ ~l~cal U~ frame ~t~q house, k~-n, g~-dge, sh~p building and BEiI~3 ~:he ~ pre~.s~m which Michael L. S~um and Sue E. $=um, hi~ wife, by Vol. 33, Pac3~ 710, ~.a~t~d ~ con~yod ~o TA~ ,.~.y A. ~%c3~rcJ and Donn~ J. BEING KN0~N AS: RD 3 BOX 1479 A]K/A 4129 ENOLA ROAD. ",'ERIE!CATiON FRA. NC[S S. HALL['N.-kN. ESQUIXE hereby' states .'.hat he is attorney for Plaindffin this matter, that Plaintiff is outside the jurisdiction of'the cau~ and'or the ver4fication could not be obtained, within :he time allowed for :he fiiin~ of:he pleading, that ,he is authorized to make this ve,dfication pursuant to Pa. R. C. P. I02: ( c ). and that the statements made in the foregoing Civil Action in Moagage Foreclosure are based upon information supplied by Plaintiff:md a.r¢ tree ~d correct to the best of its knov,'ledge. information and heifer. Furthermore. it is counsel's inter, tion to substimt~ a ~eri~icatioa from Plaintiff as soon as it is r~.cei,,'~d by counsel. The undersigned understands that this statement is made subject to the penalties of I$ Pa. C. S. Sec. 4904 relating to uaswom falsification to autho~ties. Francis S. Hal!Shah. Esquire Axomey tbr Plaintiff SHERIFF'S RETURN CASE NO: 2003-03065 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ENGBERG LARRY A ET AL - REGULAR RONALD HOOVER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE ENGBERG LARRY A DEFENDANT , at 1402:00 HOURS, at 4129 ENOLA ROAD NEWVILLE, PA 17241 by handing to DIANE ENGBERG, WIFE OF LARRY a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 2nd day of July the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this IL day of t ~ ~u-5 A.D. honorary' ! So Answers: R. Thomas Kiine 07/10/2003 FEDERMg2q & PHE~h.N SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03065 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ENGBERG LARRY A ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT MEASE DONNA J unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , MEASE DONNA J 4129 ENOLA ROAD NEWVILLE, PA 17241 DONNA WAS DIVORCED FROM LARRY ABOUT 10 YEARS AGO. DONNA IS BELIEVED TO BE LIVING IN SWITZERLAND. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County FEDERMAN & PHELAN 07/10/2003 Sworn and subscribed to before me this /6 ~ day of ~ 0~3 A.D. Pro~fonot ary ' ' 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LARRY A. ENGBERG DONNA J. MEASE Plaintiff Court of Common Pleas CUMBERLAND County No. 03-3065 CIVIL TERM Defendant(s) 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