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Home My WebLink About03-5864FEDERMAN 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 FIRST HORIZON HOME LOAN CORPORATION, F/FdA FT MORTGAGE COMPANIES D/B/A MNC MORTGAGE 4000 HORIZON WAY IRViNG, TX 75063 Plaintiff COURT OF COMMON PLEAS CIViL DIVISION TERM CUMBERLAND COUNTY JOHN R. VALENT1NO 1915 FRY LOOP AVENUE CARLISLE, PA 17013 DIANE M. WEAKLAND 1915 FRY LOOP AVENUE CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 F/leg: 82125 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 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. File#: 82125 Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES D/B/A MNC MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 The name(s) and last known address(es) of the Defendant(s) are: JOHN R. VALENTINO 1915 FRY LOOP AVENUE CARLISLE, PA 17013 DIANE M. WEAKLAND 1915 FRY LOOP AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/12/1999 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. 1527, Page 13. 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 06/01/2003 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#: 82125 The following amounts are due on the mortgage: Principal Balance Interest 05/01/2003 through 11/05/2003 (Per Diem $21.20) Attorney's Fees Cumulative Late Charges 03/12/1999 to 11/05/2003 Cost of Suit and Title Search Subtotal $109,003.40 4,006.80 1,250.00 145.91 $ 550.00 $114,956.11 Escrow Credit 0.00 Deficit 1,035.42 Subtotal $ 1,035.42 TOTAL $115,991.53 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 Sherif£s Sale. If the Mortgage is reinstated prior 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 $115,991.53, together with interest from 11/05/2003 at the rate of $21.20 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. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 82125 PKEMISES BEING: 1915 FRY LOOP AVENUE 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 tree 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 unsworn falsification to authorities. DATE: Richard ]Vf nor ,ASSiS?kJ IT VICE PRESIDENT SHERIFF'S RETURN - REGULAR CASE NO: 2003-05864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS VALENTINO JOHN R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE VALENTINO JOHN R DBFENDANT , at 1435:00 HOURS, on the at 1915 FRY LOOP AVBNUB CARLISLB, PA 17013 DIANE WEAKLAND, FIANCE a true and attested copy of COMPLAINT - was served upon the 7th day of November , 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /~ day of 'Prothonotary ' So Answers: R. Thomas Kline lZ/10/2003 FEDERMAN & By: PHELAN_ ~eriff SHERIFF'S RETURN - CASE NO: 2003-05864 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS VALENTINO JOHN R ET AL REGUIJtR RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE WEAKLAND DAINE M DEFENDANT , at 1435:00 HOURS, at 1915 FRY LOOP AVENUE CARLISLE, PA 17013 DIANE WEAKLA_ND Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 7th day of November , 2003 by handing to a true and attested copy of COMPIJ~INT - MORT FORE together with and at the same time directing Her 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. othonotary ' So Answers: R. Thomas Kline 11/10/2003 FEDERMAN & PHELAN By: Deputy Sheriff · 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 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Plaintiff VS. JOHN R. VALENTINO DIANE M. WEAKLAND Court of Common Pleas CUMBERLAND County No. 03-5864 CIVIL TERM Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREIUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff