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Home My WebLink About04-0746FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERRENCE LEE MCBRIDE 212-216 CREEK ROAD CAMPHILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DWISION TERM No. Oq- 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 PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WlTH 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 #: 88258 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 ENFORCE A LIEN ON REAL ESTATE. File #: 88258 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: TERRENCE LEE MCBRIDE 212-216 CREEK ROAD CAMPHILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/30/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1441, Page 857. By Assignment of Mortgage recorded 3/14/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 685, Page 795. 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 10/01/2003 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 #: 88258 The following amounts are due on the mortgage: Principal Balance Interest 09/01/2003 through 02/19/2004 (Per Diem $15.29) Attorney's Fees Cumulative Late Charges 03/30/1998 to 02/19/2004 Cost of Suit and Title Search Subtotal $84,222.58 2,629.88 1,225.00 145.50 $ 550.00 $ 88,772.96 Escrow Credit - 259.57 Deficit 0.00 Subtotal $- 259.57 TOTAL $ 88,513.39 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 $ 88,513.39, together with interest from 02/19/2004 at the rate of $15.29 per diem to the date of Judgment, and other costs and charges collectible trader the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHELAN, LI,~P,. ~ /s/F~linan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 88258 ALL TlIAT CF. RT, MN ttac~ or p~el ot'[~ad and premi.~.'~, situate, lying nad I~r~ i{~ thc Township o£Lo,aemr ,%llen, County of Cumberland, nad Commonwealth of Pcare'yivanla, moro particularly d~rndbol as follows: BEGINNING n~ an s~,n pin on tl~. c~;nlct Ihle ol'Leni$1ulive I~)ute 21023, locally known ns Creek Road, at thc wea~rly line o£1an~ now o~' late oFSame~ L. Chr~ax, and T~'~sa Christ. Pis wife;, 1hence westwatdly along auld ~omer lin~, 25 f~o~ lo a p~int; thenc, c South ~2 del:~'ee~ 53 miltutam Wcmt, still a{ong aalcl canter line and alon{~ laildm now or late ctf l-,iampt ]~rm., Ina., 69,43 feet to a brad at line nj'laud nov/or late 0f'Ali~ Zirnme~mnl thence along said land now or late ofZimmerman, Nortl~ 05 d~gn:~ 41 mlnut~S W~, id6.31 feet to a rdalos at line ~f land now nr lal~ of ~.]woo~ Sut~ g thep. cm alonll lbo latter Impel, N'm'~h ?11 dc~e~ 15 mlnute~ East, $2.$ fact to a ~take ~t a Cnelmr. theooo hy lam:In now or late o f"$umea L.. Christ, South 3g dngr¢~ 49 minutes Fast, $6 feel r.n an imrt pill; tl~ne~ ~y the same. South 12 dogr~ 15 minutes F.~t. 100 t'e~ to n point in the .~nter o£ Legislative Route 21023, th~ Place of BEGINNING. HAVING TI{ERi~ON cl~cted two 2 ]4 story fanxc dwelling UDfD~R AND SUI]di~CI', nevertheless, m tc~tdetinoa, camem~nls, fi$1,,I.n.o£-wny and cundltions ofprlor ~racord. inelu;iing the dsht lo use a 10 foot driveway along the western lire Or' the tt'~ct described hat~n, {n ~ommon with llte mvncrm and oceuplers or'thru properties abutting them'eon. I{~ING tf~ name prgmi.{cs v,.pieh T~rrcacc ~ M~ide, a ~c ~on, ~ ~ da~ Ap~l 29. 19~ ~ ~d on May ~, 1~ in ~e O~ of~ ~ ofD~ ~ ~ for C~I~ ~niy in I~ ~k 198, ~g~ 1037, g~t~ ~ c~vc~ ~u ~ugl~ T. McB~d~, l~ O~r he.in. P~S~S BEING: 212-216 C~ RO~. 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 unswom falsifications to authorities. Francis S. Hallinan, Esquire Attomey for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCBRIDE TERRENCE LEE CPL. TIMOTHY REITZ Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE MCBRIDE TERRENCE LEE DEFENDANT , at 2020:00 HOURS, at 26 EAST OP~ANGE STREET MT HOLLY SPRINGS, PA 17065 TERRENCE L MCBRIDE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 2nd day of March by handing to the a true and at%ested copy of COMPLAINT - MORT FORE together with law, , 2004 and at the same time directing His attention to the contents thereof. Additional Comments CAMP HILL ADDRESSES APPEAR TO BE VACANT. Sheriff's Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this ~' day of A.D. thonotary 2 ! ' So Answers: R. Thomas Kline 03/03/2004 FEDERIVl/~q & PHEZ2~I' 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VSo Plaintiff Court of Common Pleas CUMBERLAND County No,. 04-746 C.T. TERRENCE LEE MCBRIDE 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. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff