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HomeMy WebLinkAbout99-03583i m FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (2151 563-7000 COUNTRYWIDE HOME LOANS, INC. 6400 LEGACY DRIVE PLANO, TX 75024-3632 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 4f 3583 qL?L JOHN A. MORRIS, A/K/A JAMES A. MORRIS III TAMMI E. GETTLE 236 EAST GARFIELD STREET SHIPPENSBURG, PA 17257 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 6400 LEGACY DRIVE PLANO, TX 75024-3632 2. The name(s) and last known address(es) of the Defendant(s) are JOHN A. MORRIS, A/K/A JAMES A. MORRIS III TAMMI E. GETTLE 236 EAST GARFIELD STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/12/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORPORATION T/A CONSOLIDATED MORTGAGE CORPORATION which mortgage is recorded in the office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1336, Page 164. By Assignment of Mortgage recorded 8/13/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 527, Page 845. 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 12/1/98 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 $61,376.33 Interest 3,147.94 13/1/98 through 6/1/99 (Per Diem $14.71) Attorney's Fees 3,068.00 Cumulative Late Charges 144.00 8/12/96 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 67,736.27 Escrow Credit 129.64 Deficit 0.00 Subtotal (129.64) TOTAL $67,606.63 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $67,606.63, together with interest from 6/1/99 at the rate of $14.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure nd sale of the mortgaged property. s Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL that certain tract of land with the improvemenca cnereon --erected, situate at the intersection of the Northeasterly aide of ant Garfield Street, Shippensburg Borough, Cumberland County, Pennsylvania, being more fully bounded and described according Lo .a plan of survey by Carl D. Bert, R.S., dated July, 197'7, and .;'baaring drawing No. C-SB-77-3, as follows: HBGINNING ac a point at a corner of concrete walk, •.'• at the intersection of the Northeasterly side of Ridge Avenue and the Southeasterly aide of East Garfield Street (33.20 feet wide) ; thence axtending from said beginn :.ng point- along the Southeasterly aide of East Garfield i•'' Street, North 44 degreea 55 minutes 00 eeconda E:7ac, 40.00 feat co a punch mark in brick at a corner of land now or formerly)of Richard H. Davia; thence extending along name, South 45 degreea 49 minutes 59 seconds East, 85.00 feet to an iron pin at a corner of land no- or formerly of Minnie B. Bolan's Execucoru; thence extending along same. South 44 degrees 55 minutes 00 eeconda west, •40'.00 feet to an iron pin located on the Northeastern aide of Ridge Avenue (27.65 foal wide), aforesaid; thence -extending along same,, North 45 degraes 49 minutes 59 ( .'seconds Wear. 85.00 Coot to the fi=at mentioned point and place of BEGINNING. HEING known and numbered as 236 East Garfield .:„ Street, Shippensburg, Cumberland County, Pennsylvania. 9ERIFICATION BRANDON SCIUMBATO hereby states that he is VICE-PRESIDENT of COUNTRYWIDE ROME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorised 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 his/her 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 unsworn falsification to authorities. A / /Z BRANDON SCIUMBATO. VICE PRESIDENT C0 ! ( h( ?? DATE: ?J N h cn C, o O ZOt6t Vd'>144IaDnl4d MW JNul3 uuid ant W6 011 3 NY13Hd aW NVWW303j SHERIFF'S RETURN - REGULAR CASE NO: 1999-03583 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS. MORRIS JOHN A ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORRIS JAMES A III the defendant, at 1531:00 HOURS, on the 16th day of June 1999 at 311 KERRSVILLE RD. CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to VICKIE MORRIS, MOTHER OF DEFT a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers. Docketing 18.00 J/%7 Service 8.06 Affidavit .00 Surcharge 8.00 mas ine, eri Ub FEDERMAN 1999 PHELAN by epu e i Sworn and subscribed to before me this /8$' day of 1.9 A.D. IF ex OLZIMA SHERIFF'S RETURN - REGULAR CASE NO: 1999-03583 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS. MORRIS JOHN A ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GETTLE TAMMI E the defendant, at 1435:00 HOURS, on the 16th day of June 1999 at 236 EAST GARFIELD STREET SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to TAMMI E. GETTLE a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service 13.02 Affidavit .00 ?f Surcharge 8.00 X. 1. to MO ine, el FEDERN]AN & PHELAN 06/18/1999 by epu y Aeri Sworn and subscribed to before me this I8t, day of9, , 19 99 A.D. • ro ono a FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 Countrywide Home Loans, Inc. V. John A. Morris, A/K/A James A. Morris III Tammi E. Gettle ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas Civil Division No. 99-3583 Civil PRAECIPE TO THE PROTHONOTARY: _x_ A. Plaintiff hereby withdraws the complaint filed in this matter. Please mark this case discontinued and ended without prejudice. B. Please mark this case settled, discontinued and ended. :212& '?? eL'1? Date Frank Federman Attorney for Plaintiff ? (?f 1 '? ', i.. 1. ?