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Home My WebLink About03-4197FEDERMAN 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 FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff ROBERT HARPSTER 100 TORI CIRCLE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O~' CUMBERLAND COUNTY 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 #: 78630 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 AI~TER 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 #: 78630 Plaintiffis FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: ROBERT HARPSTER 100 TORI CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/23/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1789, Page 2107. 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 0,$/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 #: 78630 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 08/25/2003 (Per Diem $14.30) Attorney's Fees Cumulative Late Charges 12/23/2002 to 08/25/2003 Cost of Suit and Title Search Subtotal $79,224.26 2,545.40 1,250.00 98.64 $ 550.00 $ 83,668.30 Escrow Credit - 453.56 Deficit 0.00 Subtotal $- 453.56 TOTAL $ 83,214.74 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 pr/or to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,214.74, together with interest from 08/25/2003 at the rate of $14.30 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: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 78630 ALI. THAT CERTAJN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro In the County of Cumberland and Commonwealth ol~ Pennsylvania, mom parlicuiarly descnl~d as follows: BE(.IINNING at a point on the western legal right-of-way line of Toly Circle atthe southeast comer of Lot No. 2on the hereinafter described Final Subdivision Plan; thence along the ,~stem legal right-of-way line of Tory Circle, South 16 degrees 46 minutes 40 seconds East a distance of 48.00 feet to a point; thence continuing along the western legal right-of-way llne of T~y Circle and the no~lhem legal right-of-way line of Tory Circle by a oJrve to the I~ght having a radios of t2.00 feet a d~ of 20.60 feet to a point; th~nee along the norlhem ..k~. I right-of, way tine of Tory..C~., South 81 degrees 35 minutes 00 seconds West a distance of 79.63 feet to a ~ mence continuing along the northern legal right-of-way line of To~y Circle ?nd..con .t~nu. lng .al?g the eastern legal right-of-way line of Dutch Lane by e curve to the Ilg~ I~;wlng a me~us of 15.00 feet a di~,~ance of 23.56 feet to a point; thence along theeastem legal right-of- way line of Dutch t,ene, North 08 degrees 25 minutes 00 seconds West, a ii[stance of 24.02 feet to a point; thence continuing along rite same by e curve to the left having a radius of 160.00 leer a distance of 7.5'( feet to e point at the southwest corner of Lot No, 2; thence along the southern I/ne of Lot No. 2, North 7~J degrees 13 minutes 20 seconds East a distance of 100.78 feet to e point on the westom legal right-hr-way line of Tory Ckde, the point a[~l place of BEGINNNING. CO~rTAJNING 5,551,20 square feet. BEIHG Lot No. 1, Final Subdivis/on Plan, Laurel Hills North Lots $ and 4. Section 1, dated June 1, 1992, revised August 5, t992, re{x)rded in the Off, ce ofthe Recorder of Dee<ts of Cumberland County, in Plan Ek)ok 65, Page 39. UND~ER AND SUBJECT to the Dedaralion of Covenants and Restrictions applicable to Final SubdMslon plan for Laurel Hills North Lots 3 and 4, Seclton 1, recorded in the Ofr~:e of the Recorder of Deeds of Cumberland County in Miscellaneous ~x)k 440, Pa~ 6 ~,. BEIHG the same premises which Carol L. Johnston, widow, by her deed dated September 14, 1998, and recorded September t6, 1998 in the Office of the Recorder of Deed~; In and for Cumberland County, Pennsylvania, in Deed Book t85, Page 478, grant~l and conveyed unto W'Jlls William Harpster and Nice A. Harps~er, ~EI~C ~ AS : lO0 ~OP~I CIRCLE VERIFICATION RICHARD MINOR hereby states that he is ASSISTANT V.P. of FIRST HORIZON HOME LOANS 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 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. Pdchard Mmor ASSISTANT VICE PRESIDENT SHERIFF'S RETURN - REGULAR CASE NO: 2003-04197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS HARPSTER ROBERT CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT HARPSTER ROBERT DEFENDANT at 1814:00 at 100 TORI CIRCLE ENOLA, PA 17025 ROBERT HARPSTER a true - MORT FORE was served upon HOURS, on the 27th day of August the , 2003 by handing to and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /? ~ day of . .~,~ ~t ~.,.,,-~ ~ A.D. ~r~thonot ary So Answers: R. Thomas Kline 08/28/2003 FEDERMAN & PHELAN