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Home My WebLink About04-0376FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, 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 MICHAEL P. LITTLE MICHELLE L. FAILOR 125 WEST YELLOW BREECHES ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CiVIL DiVISION TERM 3 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 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 P~OVIDE 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 #: 84669 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 UoS.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 ENFORCE A LIEN ON REAL ESTATE. File #: 84669 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL P. LITTLE MICHELLE L. FAILOR 125 WEST YELLOW BREECHES ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinat~er described. On 02/07/2002 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. 1748, Page 4080. 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 all interest due thereon are collectible forthwith. File#: 84669 The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/27/2004 (Per Diem $22.68) Attorney's Fees Cumulative Late Charges 02/07/2002 to 01/27/2004 Cost of Suit and Title Search Subtotal $118,247.34 4,082.40 1,250.00 159.68 $ 550.00 $124,289.42 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $124,289.42 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's 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 $124,289.42, together with interest from 01/27/2004 at the rate of $22.68 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: /~stFi'ancls S. Halhnan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FiIe #: 84669 ALL THAT CI~IlTA~N trn~t of l~nd skuate ~1 D~k~ Tow~, ~ 8~p~ 7, 1957 ~d ~ 1, 1957 ~ ~ ~ ~ ~nty F~ PREI~SES BEING; 125 I, IEST ~/~.,LOkf BREECHES ROAD VERIFICATION Summer M. Winogardner hereby states that he/she is 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 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: 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00376 P COMMONTWEALTH OF PENNSYLVANIA COL~TY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LITTLE MICHAEL P 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 LITTLE MICHAEL P unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE but was He therefore returns the the within named DEFENDANT , NOT FOUND , LITTLE MICHAEL P as to 125 WEST YELLOW BEECHES ROAD CARLISLE, PA 17013 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS WITH THE POST OFFICE. Sheriff's Costs: Docketing Service Affidavit Surcharge Not found return 6 00 00 00 10 00 5 00 21 00 / R. Thomas Kline Sheriff of Cumberland County FEDERMAN AND PHELAN 02/17/2004 Sworn and subscribed to before me this ~-m ~ day of ~0 ~ A.D. SHERIFF'S RETURN - CASE NO: 2004-00376 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LITTLE MICHAEL P ET AL REGULAR SHANNON SHERTZER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE FAILOR MICHELLE L DEFENDANT at 1115:00 HOURS, at 493 HIGHLAND COURT CARLISLE, PA 17013 RICHARD LEATHERMAN, a true and attested NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of February , 2004 by handing to ADULT IN CHARGE copy of COMPLAINT q MORT FORE together with and at the same time directing His 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 R. Thomas Kline 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 CHASE MANHATTAN MORTGAGE CORPORATION VS. MICHAEL P. LITTLE MICHELLE L. FAILOR Plaintiff Court of Common Pleas CUMBERLAND County No. 04-376 C.T. 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. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff