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Home My WebLink About03-4269FEDERMAN 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 THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 Plaintiff MERLE C. KRAMER 23 CHESTNUT STREET NEWVILLE, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION COURT OF COMMON PLEAS CiVIL DIVISION TERM 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 fm-ther 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#: 78671 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 1N WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERV~ISE, 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 'vVE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS 1N THIS SUIT. Pl~fmtiffis THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: MERLE C. KRAMER 23 CHESTNUT STREET NEWV1LLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/5/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to METROFED FINANCIAL, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1436, Page 530. By Assignment of Mortgage recorded 10/22/99 the mortgage was assigned to IMC MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 628, Page 328. 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 05/01/2003 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. F/leg: 78671 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 08/27/2003 (Per Diem $19.29) Attorney's Fees Cumulative Late Charges 10/22/1999 to 08/27/2003 Cost of Suit and Title Search Subtotal $70,260.85 2,874.21 1,250.00 1,025.92 $ 550.00 $ 75,960.98 Escrow Credit 0.00 Deficit 1,321.50 Subtotal $ 1,321.50 TOTAL $ 77,282.48 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. 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 terminated 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 $ 77,282.48, together with interest from 08/27/2003 at the rate of $19.29 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#: 78671 LEGAL DE,~CRIPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as 23 CHESTNUT STREET, NEWVILLE, PA 17241, and being further described on that certain Deed dated 7/5/56 and recorded 2L2/L56_in the Office of the Recorder of Deeds in CI IMBF. RI.AND County in Deed Book No.G-17, Page 018. Parcel No28-20-1754-018 BEING known as 23 CHESTNUT STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiffis 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~ IL 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 hue and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec..4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-04269 P COMMONWEALTH OF PENNSYLV~2qIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK VS KRAMER MERLE C R. Thomas Kline according to law, the within named DEFENDANT KRAMER MERLE C unable to locate Him COMPLAINT - MORT FORE , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: in his bailiwick. but was He therefore returns the the within named DEFENDANT , KRAMER MERLE C NOT SERVED , as to 23 CHESTNUT STREET NEWVILLE, PA 17241 MERLE KRAMER AND HIS WIFE, DOROTHY ARE BOTH DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00.00 So~~ .00 ~/ Thomas Kline 10.00 ~h~iff of Cumberland County .00 / 28.00 ~FEDERMAN & PHELAN 09/08/2003 Sworn and subscribed to before me this day of ~-~ A.D. Prothonotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE Atty. I.D. No.: 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998 MERLE C. KRAMER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-4269 C.T. 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. Attorney for Plaintiff