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Home My WebLink About04-1148FEDERMAN 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 CHASE MORTGAGE COMPANY, F/YUA CHEMICAL MORTGAGE COMPANY 3415 VISION DRiVE COLUMBUS, OH 43219 Plaintiff MELISSA MORNINGWAKE A/K/A MELISSA A. MORNINGWAKE 110 EAST SIMPSON STREET MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CML 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I~ 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#: 89531 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 #: 89531 Plaintiff is CHASE MORTGAGE COMPANY, F/KJA CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: MELIS SA MORNINGWAKE A/K/A MELISSA A. MORNINGWAKE 110 EAST SIMPSON STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/13/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1295, Page 127. By Assignment of Mortgage recorded 10/27/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 560, Page 445. 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#: 89531 The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 03/17/2004 (Per Diem $10.90) Attorney's Fees Cumulative Late Charges 11/13/1995 to 03/17/2004 Cost of Suit and Title Search Subtotal $49,885.86 2,507.00 1,250.00 904.19 $ 550.00 $ 55,097.05 Escrow Credit 0.00 Deficit 1,457.05 Subtotal $ 1,457.05 TOTAL $ 56,554.10 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIt:F demands an in rem Judgment against the Defendant(s) in the sum of $ 56,554.10, together with interest from 03/17/2004 at the rate of $10.90 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: '! I~ ancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS 8. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 89531 BE.G~NNINO aZ a point on the' a~'~the~n li~e'of-Ea~ Simpson Street, said pein: being by same measured in e ~or~hea~t~ly d~cec~ion :hence along said northe:n line o~ King Alley ~ouch 73 :he Souuhe:tn ltne of ~as: SimpSon Street, the place of BEING KNOWN a~ 110 East Simpson Street. VERIFICATION Summer M, Winegardner _ hereby states that he/she is ~..q,.~l/k~[ ,',~CREThR¥ 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 belie[ 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. Summer M Winegardner SHERIFF'S RETURN CASE NO: 2004-01148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY VS MORNINGWAKE MELISSA AKA MELISS - REGULAR CPL. TIMOTHY REITZ , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon MORNINGWAKE MELISSA AKA MELISSA A MORNINGWAKE DEFENDANT , at 0948:00 HOURS, on the 19th day of March at 110 EAST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to MELISSA MORNINGWAKE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ ~ day of ~ ~ A.D. ! 'ProthOnotary So Answers: R. Thomas Kline 03/22/2004 FEDERMAN & PHELAN Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill. PA 17011 ID No, 77399 717-731-9502 CHASE MORTGAGE COMPANY F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS OH 43219 Plaintiff MELISSA MORNINGWAKE A/K/A MELISSA A. MORNINGWAKE 110 EAST SIMPSON STREET MECHANICSBURG, PA 17055 ) COURT OF COMMON PLEAS ) CIVIL TERM ) ) ) ) No. 04-1148 Civil Term )CUMBERLAND COUNTY ) ) ANSWER COMPLAINT IN MORTGAGE FORECLOSURE NOW COMES, the Debtor, Melissa Moruingwake, by' and t a -ough her attorney, Michacl S. Travis, and Answers the Complaiut in Mortgage Foreclosure as follows: 1. Denied. This mortgage has been sold several times. Strict proof as to the mortgagee is demanded at the time of trial. 2. Admitted. 3 - 4. Admitted on information and belief. 5. Denied. Debtor has timely tendered payments to the mortgage holder since filing her chapter 13 bankruptcy. Strict proof is demanded that payments are past due since the Honorable Warren Bentz issued an Order of Jaly 16, 2002, attached hereto as Exhibit A. 6. Denied that payments are due in the amounts indicated. Debtor disputes the calculations of the principal balance and that payments are due fi:om August 2003 to March 17, 2004. Denied that lender is entitled to counsel fees, late charges and cost of title search. Defendant was current on her post-bankruptcy payments until Plaintiff stopped accepting payment on January 5, 2004. Denied that there is an escrow deficit. Taxes aud hazard insurance are to be paid by the Plaintiff-: A copy of the most recent tax bill is attached as Exhibit B. 7. Denied that Plaintiffis entitled to attorney fees., an event of breach under the mortgage has not occurred. 8. Denied, Act 6 of 1974 speaks for itself. 9. Denied, Act 91 of 1983 speaks for itself} WHEREFORE, Debtor prays this Honorable Coart to dismiss the Complaint of Plaintiff and award Defendant counsel fees and such other relief as the Court may deem just and appropriate. Date: Re spec t fu I~i,t ted, 4076 Market Street, Suite 209 Camp Hill, PA 17011 lD No. 77399 VERIFICATION I verify that the statements made in the foregoing document are true and correct, l understand that false statements herein are made subject to the penahies of 18 Pa. C S Section 4904 relating to unsworn falsification to authorities. ' ' Date: Apr±l 5, 2004 elissa Morningw~tke (f 07/11/02 14:42 FAX 717 73! 951! UNITED STATES BANKRUI~CY COURT MTI~DLE DISTRICT OF PENNSYLVANIA MELISSA A. MORNINGWAKE Debtor ) ) Case No. 1-99-05379 ) CITIMORTGAGE, INC. ) AUTOMATIC STAY Movant ) ) MELISSA ANNE MORNINGWAKE and ) CHARLES J. DEHART, rll: ESQ, Trustee ) Raspondent(s) ) ORDER M_avant. Citimortgage filed a motion for automatic stay' relief on September 19, 2001. It is agreed between the parties that thc Debtor is current on all her post petition payments up to and including June 2002, ami that her July 2002 paymant has b.'cc sent to Movant. /my late chazges or cost claimed by Movant m-c paid in full to date. Thc source of motion for stay relief was apparently two 'payments not received by thc Movant. D~btor has medo these payments by ~plasement mom:y order number 6527335 5 a-d check no. 81 - 002888785 issued bythe banlm on April 17, 2002. Additionally, Movant charged counsel fees of $493.25 for a prior motion for stay rdief~ the ch,-ge h,u been rcvcr~ed by the lender. Mov~mt must file an amended claim to comply with a prior Order of this Court dated March 27, 2001 within tcc days. Each pazw shall pay their own respective coonsel fees relative to this motion. BY THE COURT: Dated: July 16, 2002 c: Michael S. Travis, Esq. ~ Judith T. Rcmano, Esq. ~s~ Charles j. DeHart, III, .~ Warren W. Bentz United Sta~ Bankruptcy Judge IF TAXES ARE ESCROWED, FORWARD THIS 6ILL TO YOUR MORTGAGE CO. $1.00 FEE FOR EACH ADDITIONAL RECEIPT BARRY L HECKARD, TAX COLLECTOR 605 SOMERSET DRIVE '766-6205' MEOHANICSBURG, PA 17055 DESC; MAP NO: 17-23-0565-211A 110 E SIMPSON STREET ACRES .050 DEED 00132/00488 LOT 2 PB 45 PG 135 Residential Building RESIDENTfAL MORNINGWAKE MELISSA 1 i0 EAST S MPSON STREET MECHANICSBURG PA 17055 Control No: 017-000620 Assessed Land Values l0,000 ~OUNTY OF CUMBERLAND ~ates .00020300 COUNty LI~ 2 03 I~o~OU~H OF ~ECHANi~.~StRG Rates MUNIC. R/E 71104 Sta TAD(PAYER Bill No: 20t of Real Estate Taxea )_ .00245000 I · 24.50 FAX AMOU! If Paid If Paid On IF NOT PAID C]~%IM BUREAU POR COLLECTION AND YOUR PROPERTY, ovement Mineral °mTota1 .60,230 0 70,230 NT DUE, > $330.49 $337.24 $370.9; 'O TAX PILING OF A LIEN AGAINST OFF,CE MAR-APR, TUES & THURS 10AM-4PM .OURS WED 5PM-7PM MAY'JUNE TUES 10-4PM WED 5PM-TPM OR CALL FOR APPT. CLSD 3 4.6/29-38. ELECTION DAv IF TAXES ARE ESCROWED FORWARD THISB LL TO~OUR MORTGAGE CO. St .00 FEE FOR EACH ADDITIONAL RECEIPT PAYASLE BARRY L HECKARD, T.A~ COLLE..C. TOR 605 SOMER~ETDR(VE 766-6205 MECHANICSBURG. pA 17055 DESC: TAX PAYEF MAP NO: 17-23~0565-211A 110 E SIMPSON STREET ACRES .050 DEED 00132/00488 LOT 2 PB 45 PG 135 Residentim Building RESIDENTIAL MORNINGWAKE, MELISSA 110 EAST SIMPSON STREET MECHANICSBURG PA 17055 Return 8ill with Payment· For a Receipt, Enclose Self Addressed Stamped Envelope. TAX COLLECTOR Bill No: )F A LIEN AGAINST 15.6 ]0 $370.97 MAR-APR, TUES & THURS IOAM-4PM WED 5PM-7PM MAY-JUNE TUES 10-4PM WED 5PM-7PM OR CALL FOR APPT. CLSD 3/4, 6/29-30, ELECTION DAY Return Bill with Payment, For a Receipt. Enclose Self Aaaressea Stamped Envelooe. CHASE MORTGAGE COMPANY F/K/A CHEMICAL MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS OH 43219 Plaintiff MELISSA MORNINGWAKE A/K/A MELISSA A. MORNINGWAKE I i0 EAST SIMPSON STREET MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CIVIL TERM ~No. 04-1148 Civil Term UMBERLAND COUNTY CERTIFICATE OF SERVICE I certify that I have this day served a true and correct copy of the foregoing document by' first class mail, postage prepaid, on the following person(s), addressed as follows: Frank Federman, Esquire FEDERMAN AND PHELAN LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Date: · hae] S Trav'~s 4076 Market Street, Suite 209 Camp Hill, PA 17011 Attorney ~br Defendant PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage company, FfK/A Chemical Mortgage Company Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumberland County Melissa Morningwake AfKI A Melissa A. Morningwake Defendant No. 04-1148-CIVIL PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action set'tled, discontinued and ended. Please Vacate the judgment entered and mark the a,~tion discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Ilfl/4I' I 1-~4~ Francis S. Hallinan, Esquire Attorney for Plaintiff ,"'" :.~~':':I ~:~ () "'n -,,,.,1 .,.J,i:n C:.: l:',~ I ( " :~:j ", c..o -,;- ''::'~) ;-n (..,.) <::) U1