The URL can be used to link to this page

Home My WebLink About04-1027FEDERMAN 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 COURT OF COMMON PLEAS CIVIL DIVISION MERLE. TATE A/K/A CRYSTAL A. TATE LORI A. TATE A/K/A LORI ANN WIMER 1560 MCCLURES GAP ROAD CARLISLE, PA 17013 Plaintiff TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION o 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 HIR1NG 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 #: 89098 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 00) 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 #: 89098 Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 322584455 The name(s) and last known address(es) of the Defendant(s) are: MERLE. TATE A/K/A CRYSTAL A. TATE LORI A, TATE A/K/A LORI ANN WIMER 1560 MCCLURES GAP ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to STANDARD FEDERAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1518, Page 08. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 11/01/2003 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 #: 89098 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 03/09/2004 (Per Diem $24.32) Attorney's Fees Cumulative Late Charges 01/29/1999 to 03/09/2004 Cost of Suit and Tire Search Subtotal $142,008.41 3,915.52 1,250.00 244.88 $ 550.00 $ 147,968.81 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $147,968.81 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 $147,968.81, together with interest from 03/09/2004 at the rate of $24.32 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: FEDERMAN AND PHELAN~ LlgP, q FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#; 89098 ~LLL THAT CERTAIN tract of land, situate in Lower Frankford TOwnship, Cumberland County, Peru~sylvania, bounded and described as follows; BEGINNING at an iron pin along the dedicated right of way line along McClure's Gap Road, Legislative ROute 21033; thence South seventy-seven (77} degrees fifty (50) minutes thirty-two (32) seconds West along the lands now or formerly of Casper Lloyd, a distance of 52.71 feet to an iron pin; thence South seventy-four (74) degrees twenty-seven (27) minutes sixteen (16} seconds West along the lands now or formerly iof Casper Lloyd, a distance of 276.80 feet to an iron pin; thence South fifty-one (51) degrees twenty-five (25) minutes twenty-nine (29) seconds West along the lands inow or formerly of Casper Lloyd, a distance of 142.22 feet to an iron pin; thence iSouth fifty-seveq (57) degrees nineteen (19) minutes seven (07) seconds East along ithe lands ~Dw or formerly of Casper Lloyd, a distance of 71.43 feet to an iron pin; .thence South seventy-seven (77} degrees forty-eight (48) minutes fifty-one (51} !seconds West along the lands now or formerly of Casper Lloyd, a distance of 579.17 feet to an iron pin; thence North nineteen 919) degrees thirty-three (33) minutes flirty-six (56) seconds West along the lands now or formerly of Clarence shopp, a d/stance of 298.43 feet to an iron pin; thence North seventy-one (71) degrees thirty-two (32) minutes thirty-three (33) seconds East along the lands now or formerly of Casper Lloyd, a distance of 290.07 feet to an iron p/n; thence South !fifty-seven (57) degrees nineteen (~9) m/nutes seven 907) seconds East along the ~lands now or formerly of Casper Lloyd, a distance of 340.21 feet to an iron p/n; thence North fifty-one (51) degrees twenty-five (25} minutes twenty-nine (29) seconds East along the lands now or formerly of Casper Lloyd, a distance of 169.37 feet to an :iron pin; thence North seventy-four (74) degrees twenty-seven (27) minutes sixteen !916) second, s East along the lands now or formerly of Casper Lloyd, a distance of /288.57 feet to an iron pin; thence North seventy-seven (77) degrees fifty (50) i minutes thirty-two (32) seconds East along the lands now or formerly of Casper Lloyd, ia distance of 50.04 feet to an rich pin; thence South sixteen 916) degrees forty-nine . (49) minutes forty-fOur (44) seconds East along the lands now or formerly of Casper i Lloys, a dsltance of 50.17 feet to an iron pin, the place of BEGINNING. BEING the same premises which Casper P. Lloyd and Minta E. Lloyd, his wife, by Deed bearing date the 23rd day of March, 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on the 24th day of March, 1995, in Deed Book 119, Page 1192, granted and conveyed unto Merl E. Tate and Lori A. Tare, as tenants by the entireties. TAX MAP (14) 06-0023-017 PPd94ISES ON: 1560 MCCLUKES GAP P,0AD VERIFICATION Katrina Dupuy hereby states that she is LOAN ADMINISTRATION OFFICER of ABN- AMRO MORTGAGE GROUP, INC. 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 in Mortgage Foreclosure are true 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 unswom falsification to authorities. DATE: 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MERLE. TATE, A/K/A CRYSTAL A. TATE LORI A. TATE, A/K/A LORI ANN WIMER Defendant(s) Court of Common Pleas CUMBERLAND County No. 04-1027-CIVIL 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 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS TATE MERLE AKA CRYSTAL A TATE RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TATE MERLE AKA CRYSTAL A TATE DEFENDANT , at 1912:00 HOURS, at 1560 MCCLURES GAP ROAD CARLISLE, PA 17013 MERL TATE a true and attested copy of COMPLAINT - on the 15th day of March by handing to the ~ 2004 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 /2 ~ day of / /Prothonotary ' So Answers: R. Thomas Kline 03131/2004 FEDERMAN & PHELAN By: 1"~ ( Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2004-01027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS TATE MERL E AKA CRYSTAL A TATE OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TATE LORI A AKA LORI ANN WIMER but was unable to locate Her deputized the sheriff of PERRY in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On March 31st , 2004 attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 65.00 .00 90.00 03/31/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this /~ day of ~x2~ ~3 ~! A.D. ' Prothonotary this office was in receipt of the So answers: ...... ~j..' .... ~ R. Thomas Kli~ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania ABN AMRO Mortgage Group Inc VS. Merl E. Tare aka Crystal A. Tate et al SERVE: Lori A. Tate aka Lori Ann Wimer 04-1027 civil No. Now, March 23, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, March 29 ,20 04, at 2:00 o'clock__ within Complaint in Mortgage Forclosure p M. served the upon at by handing to a and made known to Lori Ann Witmer 700 S. Main St. True & Attested Her Marysville, PA(Marysville Boro) Lori Ann Witmer, Defendant copy of~e original 17053 Comp. Mtg Forc the conte~s thereo£ S0answers, Aaron D. Richards Deputy Shefiffof Perry County, PA Sworn and subscribed before methis~ day of //]7~c6/~ , 20~/ I NY COMMISSION EIOqRES FT8.15,. / COSTS SERVICE MILEAGE AFFIDAVIT