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Home My WebLink About03-4089 FEDERMAN 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 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1999-1, AGREEMENT DATED 3/4/99 338 SOUTH W ARMINSTER ROAD HATBORO,PA 19044 ATTORNEY FOR PLAWTITF COURT OF COMMON PLEAS CNIL DIVISION Plaintiff TERM No.03 - .I.J()f'7 CI~~l'T~ v. CUMBERLAND COUNTY PAUL T. FUTCH 99 SHORT LANE NEWVILLE, P A 17241 GWENDOLYN FUTCH 99 SHORT LANE NEWVILLE, PA 17241 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 CORR!ESPONDENCE 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 attomey 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 requesled 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. IT 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 COUNfY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 75497 ....1--. File #; 75497 -~~---"_._,.... - -1-- IF TillS 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. 1. Plaintiff is MANUFACTURERS & lRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1999-1, AGREEMENT DATED 3/4/99 338 SOUTH W ARMINSTER ROAD HATBORO,PA 19044 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL T. FUTCH 99 SHORT LANE NEWVILLE, PA 17241 GWENDOLYN FUTCH 99 SHORT LANE NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/14/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1507, Page 659. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. 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 03/21/2003 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 #: 75497 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is COWlSeI'S intention to substitute a verification from Plaintiff as soon as it is reCeived by cOWlSel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. .4904 relating to WlSworn falsifications to authorities. ~s/kL- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: yfr;~ Nfi'tt ~ It ~ ~ ~ fIl W ~ 0 ~S~ ~ ,- (~ € - 10 SHERIFF'S RETURN - REGULAR CASE NO; 2003-04089 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS FUTCH PAUL T ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FUTCH PAUL T the DEFENDANT , at 1415;00 HOURS, on the 8th day of September, 2003 at 99 SHORT LANE NEWVILLE, PA 17241 by handing to GWENDOLYN FUTCH, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs; Docketing Service Affidavit Surcharge So Answers; 18.00 8.28 .00 10.00 .00 36.28 .r~~ , R. Thomas Kline 09/09/2003 FEDERMAN & PHELAN /'7 {b me this day of By: ~~~/ Deputy Sheriff Sworn and Subscribed to before d(J() 3 A.D. Uo... Q. "'hu.I_&..... ~ rothonotary SHERIFF'S RETURN - REGULAR CASE NO; 2003-04089 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS FUTCH PAUL T ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE FUTCH GWENDOLYN the DEFENDANT , at 1415;00 HOURS, on the 8th day of September, 2003 at 99 SHORT LANE NEWVILLE, PA 17241 GWENDOLYN FUTCH by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs; Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this 17/E! day of ~ .;2~3 A.D. r) Q.~~ ~honotary , So Answers; ~a/~ . /~ -r ~~..4;a-?,~~::,t(:..:: ,,,,,..r:.~:R j R. Thomas Kline 09/09/2003 FEDERMAN & PHELAN By; &~~iff l'HELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Manufacturers & Traders Trust Company, One M&T Plaza, Buffalo, NY 14203-2399, Trustee for Securitization series 1999-1, Agreement dated 3/4/99 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Paul T. Futch Gwendolyn Futch Defendant( s) No. 03-4089 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~J.D 5W~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 75497 ~ ~ o C:"':' (*~_\ C~, ~\ .-.t.:.. -' \ ~ ~ ~ :1:.::Q (\"\ r:: -9-'23 ;'~)\t'\ '~;y~~~ ;;::. ,..-\i '(~ ~ ~~~ .",...~.", - - o ~ -----