The URL can be used to link to this page

Home My WebLink About03-3399FEDERMAN 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION REGIONS MORTGAGE, INC. 1544 OLD ALABAMA ROAD ROSWELL, GA 30076 COURT OF COMMON PLEAS CIVIL D1VISION Plaintiff RICHARD L. KEREKISH 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 TERM CUMBERLAND COUNTY LISA A. KEREKISH 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 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 File #: 75324 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 AFl'ER 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 OTHERV~ISE) 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 #: 75324 Plainfiffis REGIONS MORTGAGE, iNC. 1544 OLD ALABAMA ROAD ROSWELL, GA 30076 The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. KEREKISH 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 LISA A. KEREKISH 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/23/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage BookNo. 1636, Page 1. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 12/28/2002 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 #: 75324 The following amounts are due on the mortgage: Principal Balance Interest 11/28/2002 through 07/15/2003 (Per Diem $44.33) Attorney's Fees Cumulative Late Charges 08/23/2000 to 07/15/2003 Cost of Suit and Title Search Subtotal $168,528.84 10,195.90 1,250.00 0.00 $ 550.00 $180,524.74 Escrow Credit - 367.27 Deficit 0.00 Subtotal $- 367.27 TOTAL $180,157.47 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, end the temporary stay as provided by said notice has terminated because Defendent(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. TIY~s 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 $180,157.47, together with interest from 07/15/2003 at the rate of $44.33 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: FEDERM~A~N AND g/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 75324 ALL TbL~T CERT2~IN tract of land situate in Wee= Pennsboro Township, Cumberland County, ~ennsylvanla, bounded and described An accordance with a Plan prepared by Roch~ey Lee Decker, dated Januax-~ 22, 1993 and recorded in the Offic= o£ the Recorder of Deeds for -'umberlsnd County in Plan book 66, page 104. BE~INNIN~ at m point in dedicated right of way line of Cros~ Road School l(oad, ~ corner of ~ot No- 37 on Plan; thence along Lot No_ 37, South 32 degrees 46 minutes 40 seconds West 551.29 £eet to a point; ~hence along Phase 2 of Cross Road School Road Estates, ~or~h 11 ds~ees 06 minutes 40 seconds East 263.45 feet tO a point; thence along Lot No. 43 on Plan, North ~? degrees 33 minuuss 50 ~econds East 325.00 feet ~o dedicated right of way line of Cross Road Sshool RDad; thence along dedicated right of way line, Sou~h 70 degrees 4~ minutes ~5 seconds East 160.00 feet to a poink, the place of BEginNING. CONTAINING 1.722 acres and designated as Lot NO. 3G, Phsse 1 on Plan of Cross Road Sohool Road Estates. ~EXNGTHES~ PREMISES WHICHHalP~on Oraves Company and Kimba, Inc. by deed May 2~, 1995 and recorded June 1, 199~ in th~ Recor4er of Deeds Office in and for Cu~b,:r-]~nd County, PA in Record Book 122, page 10~1 gr~ted and conveyed unto S & A Custom Built Homes, Inc. PREMISES BEING : 416 CROSSROAD SCHOOL ROAD VERIFICATION ROOSEVELT JACKSON hereby states that he is MANAGER of REGIONS MORTGAGE, 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 true 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: Roosevelt Jackson Foreclosure Officer 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 Plaintiff Attorney for REGIONS MORTGAGE, INC. Plaintiff VS. RICHARD L. KEREKISH LISA A. KEREKISH Court of Common Pleas CUMBERLAND County No. 0g~5-~9 CIVIL TERM O~ - 3599 Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE ~ AND SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CI/MBERLAND REGIONS MORTGAGE INC VS KEREKISH RICHARD L ET AL REGULAR JASON VIORAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE KEREKISH RICHARD L DEFENDANT , at 2106:00 HOURS, at 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 RICHARD KEREKISH 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 17th day of July , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~ ~ day of So Answers: R. Thomas Kline 07/18/2003 FEDERMAN & PHELAN By: puty Sher/~iff ~ SHERIFF'S RETURN CASE NO: 2003-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS MORTGAGE INC VS KEREKISH RICHARD L ET AL - REGULAR JASON VIOP~AL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon KEREKISH LISA A DEFEND~_NT , at 2106:00 HOURS, on the 17th day of July at 416 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 by handing to RICHARD KEREKISH, HUSBAND 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 ~ ~ day of A.D. -- ~Prothonotary ~ So Answers: R. Thomas Kline 07/18/2003 FEDERMAN & PHELAN By: puty She/~riff