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Home My WebLink About03-6643FEDERMAN 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRiVE COLUMBUS, OH 43219 Plaintiff JAMES E. PEARSON 1927 KENT DRIVE CAMPHILL, PA 17011 COURT OF COMMON PLEAS CiVIL DIVISION TERM CUMBERLAND COUNTY CHRISTINE A. PEARSON 1927 KENT DRIVE CAMP HILL, PA 17011 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 84981 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. 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#: 84981 Plaintiffis CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JAMES E. PEARSON 1927 KENT DRIVE CAMP HILL, PA 17011 CHRISTINE A. PEARSON 1927 KENT DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/26/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CORESTATES MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1333, Page 586. By Assignment of Mortgage recorded 6/19/1997 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 550, Page 434. 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 09/01/2003 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 ali interest due thereon are collectible forthwith. File#: 84981 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 12/29/2003 (Per Diem $14.07) Attorney's Fees Cumulative Late Charges 07/26/1996 to 12/29/2003 Cost of Suit and Title Search Subtotal $66,263.68 2,124.57 1,250.00 154.60 $ 550.00 $ 70,342.85 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 70,342.85 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,342.85, together with interest from 12/29/2003 at the rate of $14.07 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN. LLP · By: /s/Francis S'. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 84981 THAT CERTAIN I~t m' parcel of lend with tho buildlnl;S end im~avemen~ ~her~n er~d ~t~m in Lower ~ Town,p. C~d Count. ~nns~., ma~e ~a~y b~ded a~ d(~bed ~ f011~l, to wlt~ IIEQINNINQ mt m point un tim aauthemst0rly .'~do of Kun; Or~e (~f~ ~t widel be~ ~ ~ di~dinR rrna ~aen Lot No. 11 ~ Lot No. 1 O; ~ ~aat~y ~e of K~JnC ~, I dbta~e of 50 feat m a ~lnt et ~e ~gl~ ~f a c~ at ~. ~ of '~ aa~Mst~y ~de O~ Kant O~a ~d =f ~w~ D;Ive; ~e~t bY ~e ~me ~d ~e to t~ right wl~ a radl~ el 25 leK, an ~c ~s~ Or 39.27 fi~t co a ;~t On ~ so~w~g ~de of ~wo~ Dr~o; ~e~ nou~we~y ~ ~me, e ~a~ of EO feet to a p~t at a cues; ~en;e SGII aa~ea~md~ by ~e ~e and by a ~a ~ ~a le~ w~ a ~adl~ of 142.27 feet an arc dJ~ea al 40.3~ ~t ~e · ~Mnq ~nce a~wa1~dly by ~d of Hlg~and Ea~tea. · d]~ of e0.aa feet to a pMnt ~ ~e d~ng a~ be~eon ~t No. 11 and Lot ~. 10; BEING Lot Nc,. 10. Bloe. k E ~ ~ No./, of Highland E~etoo dated Match 1 E, 1949, end recorded In Fl~q 9~k 4, Page 79 & c., 1927 ~n( ~NQ ~ Mina ~em~ ~oh ~rey M. O~e by ~f ~d ~d O~ober 2~, 1978, ~d re~ded m N~mb~ e, 1979 In ~ Cumberland Ca~W ~der of ~ads afro In Deed B~ D, V~ 28, Pe~ 249, P~ISES BEING: 1927 ~ DRI~ VERIFICATION hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are tree and correct to the best of her Imowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: I'r~"~"~ ,,s4gi$%kNT SEiCRETARY SHERIFF'S CASE NO: 2003-06643 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS PEARSON JAMES E ET AL RETURN - REGULAR RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE PEARSON CHRISTINE A DEFENDANT at 1335:00 at 1927 KENT DRIVE CAMP HILL, PA 17011 JASON PEARSON, SON a true and attested copy of HOURS, on the to law, was served upon the 2nd day of January , 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing His 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 %~gothonot ary -- So Answers: R. Thomas Kline 01/05/2004 FEDERMAN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2003-06643 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS PEARSON JAMES E ET AL RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PEARSON JAMES E DEFENDANT , at 1335:00 HOURS, at 1927 KENT DRIVE CAMP HILL, PA 17011 JASON PEARSON, SON a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of January 2004 by handing to 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 /3 ~ day of r~ A.D. thonotary ' ~ ' So Answers: R. Thomas Kline 01/05/2004 FEDERMAN & PHELAN 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 Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 03-6643 C.T. JAMES E. PEARSON CHRISTINE A. PEARSON Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREJUDICE 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 Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorney's for Plaintiff