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Home My WebLink About07-70710. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 165171 PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, DB/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. WESLEY T. PHILLIPS SHERI J. PHILLIPS 37 FOX HILL ROAD SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6 7 - `7 6 7 / c r j; ) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 165171 NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 165171 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 File #: 165171 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 165171 I . Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, D/B/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: WESLEY T. PHILLIPS SHERI J. PHILLIPS 37 FOX HILL ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/29/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PATRIOT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1849, Page: 4048. By Assignment of Mortgage recorded 01/16/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 705, Page 2386. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 07/01/2007 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 File #: 165171 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $236,300.29 Interest $6,566.76 06/01/2007 through 11/21/2007 (Per Diem $37.74) Attorney's Fees $1,250.00 Cumulative Late Charges $361.75 12/29/2003 to 11/21/2007 Cost of Suit and Title Search 750.00 Subtotal $245,228.80 Escrow Credit $0.00 Deficit $411.25 Subtotal 411.25 TOTAL $245,640.05 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability File #: 165171 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $245,640.05, together with interest from 11/21/2007 at the rate of $37.74 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. PHELAN HALLINAN & SCHMI LP F By: /s rancis S. alli an' LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 165171 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Hopewell Township. Cumberland County, Pennsylvania, bounded and described according to the Subdivision for Harvey Sunday as prepared by John R. Kissinger, R.S., dated August 25, 1987, and recorded in Cumberland County Plan Book 56, Page 91, as follows: BEGINNING at a point on the centerline of Fox Hill Road, T-358, at the corner of Lot No. 9 as recorded in Cumberland County Plan Book 55, Page 48; thence along said Lot No. 9 and passing through a pin on line 25 feet from the centerline of said Fox Hill Road, South 88 degrees 17 minutes 8 seconds East, 300 feet to an iron pin; thence along Lot No. 13 on the above mentioned Plan, South 1 degree 42 minutes 52 seconds West, 300 feet to an iron pin; thence along the proposed right of way on the above plan and passing through a pin on line, 25 feet from the centerline of said Fox Hill Road, North 88 degrees 17 minutes 8 seconds West, 300 feet to a railroad spike; thence along the centerline of said Fox Hill Road, North 1 degree 42 minutes 52 seconds East, 300 feet to a railroad spike, the point and place of Beginning. BEING designated as Lot No. 10 on the Final Plan for Harvey Sunday as recorded in Cumberland County Plan Book 55, Page 48 and as shown on survey recorded ion said Plan Book 56, Page 91, and containing 2.066 acres, more or less. BEING the same real estate which Joshua H. Moore, single and Angela A. Stark, Single, by their deed dated October 11, 2002 and recorded October 15, 2002 in Cumberland County Office of the File #: 165171 Recorder of Deeds Deed Book Volume 254, Page 212, granted and conveyed unto Wesley T. Phillips and Sheri J. Phillips, his wife. PROPERTY BEING: 37 FOX HILL ROAD File #: 165171 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, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: It 2/ 07 ? N ?a 0 -n ,; , (? a r I.1 ? p w C r ^G C> \71? J 1 A P U 1 1) SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07071 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PHILLIPS WESLEY T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PHILLIPS WESLEY T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOTICE NOT FOUND , as to the within named DEFENDANT PHILLIPS WESLEY T 37 FOX HILL ROAD SHIPPENSBURG, PA 17257 THE POST OFFICE ADVISES THE DEFENDANT'S MAIL IS STILL DELIVERED TO THE GIVEN ADDRESS. PER DEPUTIES THE HOUSE IS VACANT. Sheriff's Costs: So answers,?..--A''" Docketing 18.00 Service 19.20 _.6 Not Found Return 5.00 R. Tho Kline Surcharge 10.00 Sheriff of C erland County .00 52.20 PHELAN HALLINAN AND SCHMIEG 12/21/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-07071 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PHILLIPS WESLEY T ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: PHILLIPS SHERI J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT SERVED , as to the within named DEFENDANT , PHILLIPS SHERI J 37 FOX HILL ROAD SHIPPENSBURG, PA 17257 DEFENDANT RESIDES AT 436 DAISY DRIVE, NEW PROVIDENCE, PA 17560. Sheriff's Costs: So answer r Docketing 6.00 Service .00 Not Found Return 5.00 R. Thomas K'Iine Surcharge 10.00 Sheriff of Cumberland County .00 1.431)07 21.00 PHELAN HALLINAN AND SCHMIEG 12/21/2007 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PHILLIPS WESLEY T ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PHILLIPS SHERI J but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 21st , 2007 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers-* -° _?- - Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli46 Lancaster County 56.05 Sheriff of Cumberland County 81.050 ?IJIJ,1b7 4x 12/21/2007 PHELAN HALLINAN AND SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S OFFICE H 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER H PHH Mortgage Corporation 07-7071 civil ro 3. DEFENDANT/S/ T. Phillips et al SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Sheri J. Phillips 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 436 Daisy Drive New Providence, PA 17560 7. INDICATE UNUSUAL SERVICE: ]DEPUTIZE ? OTHER Now, November 27 20 07 , I, SHERIFF OF >?IkBR COUNTY, PA., do hereby deputize the Sheyrjfof Lancaster County to execute this Writ- tf»ake return thereof §g'rdhg, . to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumber Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherri's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE FRANCIS S HALLINAN, ESQ. 215-563-7000 11/26/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) PHELAN, HALLINAN, & SCHMIEG ONE PENN CENTER, PLAZA, SUTIE 1400 PHILADELPHIA, PA. 19103 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. J JACKIE MICCICHE 717-390-2309 11/28/07 l 7 /']GTv 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ? have legal evidence of service as shown in Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- pRration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 N me and title of individual served (if not shown above) (Relationship to Defendant) 19. ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) AM PM EST EDST 23. ATTEMPTS Q Date Miles Dep. Int. Date Mlles Dep. In t. Date Mlles Dep. In t. Date Miles Dep. In t. Date Mlles Dep. In t. 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Posta 28. Total Costs 29. COST DUE OR RF 2 150.00 36-5 6?5_ 7- 79 30. REMARKS: /? t S.T.A.: SC r 31. AFFIRMED and subscribed to before me this 32. Signature of 34. day of 20 Dep. Sheriff 35. Signature of Sheri 37 Prothonotary/Deputy/Notary Public IF&9111`*%/4 , MY COMMISSION EXPIRES ?+615'All- OF WRIT OR d 1 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE -Sheriff's Office ld30 S,-l'JW3-S - e I VilV ? A 0 N t 0 0 Z Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, DB/A PHH MORTGAGE SERVICES V. WESLEY T. PHILLIPS SHERI J. PHILLIPS ATTORNEY FOR PLAINTIFF Court Of Common Pleas Civil Division CUMBERLAND County No. 07-7071 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WESLEY T. PHILLIPS SHERI J. PHILLIPS 37 Fox Hill Road Shippensburg, PA 17257 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff BY /5:z ? Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Date: February 27, 2008 PHS# 165171 vj.) PHELANHALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION, DIBIA PHH MORTGAGE SERVICES V. WESLEY T. PHILLIPS SHERI J. PHILLIPS COURT OF COMMON PLEAS CIVIL DIVISION COURT NO. 07-7071 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 2- -) 7- O Cl- File #: 165171 VERIFICATION Marc J. Hinkle hereby states that he/she is of PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, DB/A PHH MORTGAGE SERVICES, servicing agent for Plaintiff in this matter, that he/she 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/her 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 unsworn falsification to authorities. DATE: I t ?Zct 01 Loan: 0026104505 Name: MarC J. Hinkle Title: V (,CL PffLaskoc-"'r Company: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, DB/A PHH MORTGAGE SERVICES File #: 165171 C"" C"A7 m F1 iT: Phelan Hallinan & Schmieg, L.L.P. Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, D/B/A PHH MORTGAGE SERVICES Plaintiff VS. WESLEY T. PHILLIPS SHERI J. PHILLIPS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 07-7071 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & SCHMIEG, LLP By: CIS S. HALINAN, ESQUIRE tENCE T. PHELAN, ESQUIRE L G. SCHMIEG, ESQUIRE ?VS for Plaintiff Date: arch 12, 20OR /lxh, Svc Dept. File# 165171 Sti ; y r i. 7 .? 00 . !R V y :: .... .? ir, c,y? y .l ?^ R Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-7071 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. X 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 ended without prejudice. / Date: l 6 0 Francis S. Hall nan, Esquire Attorney for Plaintiff PHELAN 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 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, d/b/a PHH Mortgage Services Wesley T. Phillips Sheri J. Phillips PHS# 165171 c_ -r ?' ?M,