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Home My WebLink About04-0066FEDERMAN 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 CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY MICHAEL D. PAINTER CHERYL L. PAINTER 2250 DUSTY LANE ENOLA, PA 17025 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. 1F 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#: 85145 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 WR/TTEN 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. 1F YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS 1S NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. F/leg: 85145 Plaintiffis CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL D. PAINTER CHERYL L. PAINTER 2250 DUSTY LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/03/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LAGUNA CAPITAL MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1445, Page 958. By Assignment of Mortgage recorded 12/26/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 683, Page 1689. 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 06/15/200 l 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#: 85145 The following amounts are due on the mortgage: Principal Balance Interest 05/15/2001 through 01/06/2004 (Per Diem $18.81 ) Attorney's Fees Cumulative Late Charges 04/03/1998 to 01/06/2004 Cost of Suit and Title Search Subtotal $42,371.00 18,189.27 1,250.00 0.00 $ 550.00 $ 62,360.27 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 62,360.27 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 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 62,360.27, together with interest from 01/06/2004 at the rate of $18.81 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 eND PHELAN, FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 85~45 Mifflin To~ehip, Cumberland County, Penneylvania, more of Tract No. 2 of the hereinafter m~tioned Subdivision of'n~id S~c[tv~ ~l~n ~outh 61 ~egre~ 58 m~nu~e~ 6 seconds BEING KNOVNAS: Il0 ~0UNTAIN ROAD. 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 tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as 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 unsworn falsifications to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2004-00066 P COMMONTWEALTB OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND CREDIT-BASED ASSET SERVICING VS PAINTER MICHAEL D ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT PAINTER CHERYL L unable to locate Her COMPLAINT - MORT PORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. He therefore returns but was the the within named DEFENDANT NOT FOUND PAINTER CHERYL L 2250 DUSTY LANE ENOLA, PA 17025 CHERYL PAINTER'S ADDRESS HER PHONE NUMBER IS (410) IS 317 WYE ROAD BALTIMORE, 686-4957. MD 21221 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/ 3/2004 Sworn and subscribed to before me this i~~ day o~' '~ ~b~ A.D. P~o~hon6t ary , as to SHERIFF'S RETURN - CASE NO: 2004-00066 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLJkND NOT FOUND CREDIT-BASED ASSET SERVICING VS PAINTER MICHAEL D ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT PAINTER CHERYL L unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT · NOT FOUND , as to PAINTER CHERYL L 110 MOUNTAIN ROAD NEWVILLE, PA 17241 110 MOUNTAIN ROAD NEWVILLE IS VACANT. 317 WYE ROAD BALTIMORE, MD 21221 CHERYL'S ADDRESS PHONE 410-686-4957. IS 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 01/13/2004 Sworn and subscribed to before me this I~,~ day o~ ~OW A.D. ary ' SHERIFF'S RETURN - CASE NO: 2004-00066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUNBERLAND CREDIT-BASED ASSET SERVICING VS PAINTER MICHAEL D ET AL REGULAR JASON VIOHAL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PAINTER MICHAEL D DEPENDANT , at 1352:00 HOURS, at 2250 DUSTY LANE ENOLA, PA 17025 MICHAEL PAINTER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 12th day of January , by handing to together with COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /V~ day of ~ ~l~O~ A.D. 'P~othonotary ~ ' So Answers: R. Thomas Kline 01/13/2004 FEDERMAN & PHELAN By: uty Sheriff SHERIFF'S RETURN - CASE NO: 2004-00066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIT-BASED ASSET SERVICING VS PAINTER MICHAEL D ET AL REGULAR JASON VIOP~AL Sheriff or Deputy Sheriff of SHERIFF'S RETURN CASE NO: 2004-00066 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIT-BASED ASSET SERVICING VS PAINTER MICHAEL D ET AL - REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PAINTER MICHAEL D DEFENDANT , at at 2250 DUSTY LANE ENOLA, PA 17025 MICHAEL PAINTER a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1352:00 HOURS, on the 12th day of January , __ by handing to together with MORT FORE 2004 and at the same time directing His attention Additional Comments 110 MOUNTAIN ROAD NEWVILLE IS VACANT. 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 /~r~- day of f Proth¢~0tar¥ '4~ ~' So Answers: R. Thomas Kline 01/13/2004 FEDERMAN & PHELAN By: puty Sheriff F~DERMAN 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 CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC. Plaintiff VSo Court of Common Pleas CUMBERLAND County No. 04-66-CIVIL MICHAEL D. PAINTER CHERYL L. PAINTER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PRETUDICE , 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 ~rank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff