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Home My WebLink About03-6573FEDERMAN 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 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff CRAIG D. WILSON JACQUELINE A. WILSON A/FdA JACQULEINE A. MIKKELSON 10705 ALLIE DRIVE FREDERICKSBURG, VA 22408 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 65-- (195-'~ ~ ~ CUMBERLAND COUNTY 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 judgrnent 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 CARLISLE, PA 17013 (717) 249-3166 File #: 84680 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 V~ITHIN 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File #: 84680 Plaintiff is CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: CRAIG D. WILSON JACQUEL1NE A. WILSON A/K/A JACQULEINE A. MIKKELSON 10705 ALLIE DRIVE FREDERICKSBURG, VA 22408 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/18/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1746, Page 3804. By Assignment of Mortgage recorded 01/22/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 684, Page 137. 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 07/01/2003 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 #: 84680 The following amounts are due on the mortgage: Principal Balance Interest 06/01/2003 through 12/22/2003 (Per Diem $31.15) Attorney's Fees Cumulative Late Charges 01/18/2002 to 12/22/2003 Cost of Suit and Title Search Subtotal $160,183.80 6,385.75 1,250.00 327.24 $ 550.00 $168,696.79 Escrow Credit 0.00 Deficit 672.27 Subtotal $ 672.27 TOTAL $169,369.06 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 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. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $169,369.06, together with interest from 12/22/2003 at the rate of $31.15 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: FEDEItMAN AND PHELAN, L[,I~ , FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 84080 ALI. ~ ¢~naia piece or parcel of l~d situate in the Bow~gh ofN~w Ctunb~rl~.~ Cotmty af Cumberland, 5tXa; ofPe~usylvania, l~ou~ded and d~cribed ~s follows: ~ BEGINNING a~ a po/hi on ~he southerly llrw of Hilltop Drive aaid point Imei~g located four hundred fiflp-six ired ,-ig~t one-hundredths (456,08) feet m~sured westwardl¥ along said line /rom the w~terly liue of Valley V/ow Road; th~ aoutl~w~[ly along the westerly I/~e of Lot No. 4, Block "M" on the Plan of Section 4, Drexel Hills, said Plan b~in~ recorded in Plan Book l l, Page 11, Cumberland County Rewords, one hundred hventy (120) faot to apoin~ thance westwardly by a carve to the let~ hay/rig a radius of nine htmdred foxty (940) feet al~d along the northerly rm~s of Lots No. 13 and 14 in Block "M", at aw distance ofsevenly-five and eight ou¢-hundredths (75.38) feet to a po/hr; thence northwardly along the easterly ilne of Lot No. 2, Block "M" one hundred twenty (120) £eet to a point on the southerly lille of Hilltop thence by the laner line eastwardly by a curve to the right having a radius of one thousand sixty (1,060) feet an arc distano= o£dghty-five (85) feet to the plaa¢ o£HF~INNING. BEING Lot 1',1o.3, Block "IW' on said Plan and being pwpexty known and numbered as 714 Hilltop Drive. VER/FICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin 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. DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06573 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS WILSON CARIG D ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT WILSON CRAIG D unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , NOT FOUND , as to WILSON CRAIG D 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070 PROPERTY APPEARS VACAiqT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 12.42 Not Found 5.00 Surcharge 10.00 .00 45.42 So answers.'~/~-~' ..... j ,._~ ~ { R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/05/2004 Sworn and subscribed to before me this [~ day of ~~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06573 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS WILSON CARIG D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT WILSON JACQUELINE A A/K/A JACQULEINE A MIKKELSON but unable to locate Her in his bailiwick. He therefore returns the ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and was COMPLAINT - MORT FORE , the within named DEFENDANT JACQULEINE A MIKKELSON , 714 HILLTOP DRIVE NEW CUMBERLAND, PA 17070 PROPERTY APPEARS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. · NOT FOUND , WILSON JACQUELINE A A/K/A as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 / R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/05/2004 Sworn and subscribed to^before me ~'~ Prot ~no~t/D~~ 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 Plaintiff Attorney for CENDANT MORTGAGE CORPORATION, FJK/A PHH MORTGAGE SERVICES CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 03-6573-CIVIL VS. CRAIG D. WILSON JACQUELINE A. WILSON, A/K/A JACQULEINE A. MIKKELSON Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE, AND SETTLE~ DISCONTINUE AND END. TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this matter settled, discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff