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Home My WebLink About04-1579FEDERMAN 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 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY ROBERT D. POTTS A/K/A ROBERT DOUGLASS POTTS A/KJA DOUGLAS R. POTTS MARCIA F. POTTS A/K/A MARCIA FETTERS 345 PEACH GLEN ROAD GARDNERS, PA 17324 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 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 WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CLrMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 90948 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 #: 90948 Plaintiffis STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last known address(es) of the Defendant(s) are: ROBERT D. PO'ITS AJKJA ROBERT DOUGLASS POTTS A/KJA DOUGLAS R. POTTS MARCIA F. POTTS AJK/A MARCIA FETTERS 345 PEACH GLEN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/02/1990 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GETTYSBURG NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 982, Page 1061. 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 12/02/2003 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 #: 90948 The following amounts are due on the mortgage: Principal Balance Interest 11/02/2003 through 04/12/2004 (Per Diem $5.74) Attorney's Fees Cumulative Late Charges 07/02/1990 to 04/12/2004 Cost of Suit and Title Search Subtotal $31,039.88 935.62 1,250.00 72.45 $ 550~00 $ 33,847.95 Escrow Credit 0.00 Deficit 3,197.94 Subtotal $ 3,197.94 TOTAL $ 37,045.89 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 $ 37,045.89, together with interest from 04/12/2004 at the rate of $5.74 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. FRANK ~FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 90948 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the center of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12 3/4 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a comer on the Fanus land; thence by the Fanus land South 74 degrees East 21.8 perches to a comer in the Fanus land, thence by same South 30 3/4 degrees East 13.6 perches to the comer of land now or formerly of C.F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the land of Frank L. Black and wife, North 73 1/2 degrees West 17 perches to the nail in the center of the Bendersville Road, the place of beginning, containing 4 acres, more or less. Being Known as 345 Peach Glen Road BEING the same property which Morris E. Beam and Stella M. Beam, his wife, by deed dated April 24, 1946 and recorded in Cumberland County Recorder of Deed's Office in Deed Book 13-E, Page 349, granted and conveyed to John. File #: 90948 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 obta'med 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 Plaintiffand 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 Attorney for Plaintiff DATE: SHERIFF'S RETURN - CASE NO: 2004-01579 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND STATE STREET BANK & TRUST CO VS POTTS ROBERT D 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 POTTS ROBERT D AKA ROBERT DOUGLASS POTTS AKA DOUGLAS R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT DOUGLASS POTTS AKA DOUGLAS R 345 PEACH GLEN ROAD GARDNERS, PA 17324 PER MARCIA POTTS, ROBERT SHE IS NOT SURE OF ADDRESS. Sheriff's Costs: Docketing 18 Service 7 Not Found 5 Surcharge 10 4O 00 59 00 00 00 59 , NOT FOUND , POTTS ROBERT D AKA ROBERT IS LIVING IN YORK COUNTY. R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 06/16/2004 Sworn and subscribed to before me this i~~-~ day of~_ ~ ~/ A.D. ProtMonotary as to SHERIFF'S CASE NO: 2004-01579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK & TRUST CO VS POTTS ROBERT D ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT POTTS ROBERT D AKA ROBERT but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT Sheriff or Deputy Sheriff who being says, that he made a diligent search and R He therefore Pennsylvania, to wit: DOUGLASS POTTS AKA DOUGLAS in his bailiwick. County, - MORT FORE to On June 16th 2004 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 39.75 .00 64.75 06/¢ /2004 FEDERMAN & PHELAN Sworn and subscribed to before me this /~-~ day of ~ A.D. Prothonotary this office was in receipt of the R. Thomas Kline Sheriff of Cumberland Ccunty SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK & TRUST CO VS POTTS ROBERT D ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT POTTS MARCIA F AKA MARCIA but was unable to locate Her deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: FETTERS in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On June 16th , 2004 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/ 6/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this /[ ~' day of ~_~ A.D. !; Prothonotary __ , this office was in receipt of the So~~~/~~~---3 ....... R. Thomas Kline Sheriff of Cumberland Ccunty SHERIFF'S RETURN - CASE NO: 2004-01579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET B~2qK & TRUST CO VS POTTS ROBERT D ET AL REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE POTTS MARCIA F AKA MARCIA FETTERS DEFENDANT , at 1920:00 HOURS, at 345 PEACH GLEN ROAD GARDNERS, PA 17324 MARCIA POTTS a true and attested copy of COMPLAINT on the 13th day of April Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2004 by handing to - MORT FORE together with and at the same time directing Her attention 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 /~ day of ,~.__ ~.~3 ~ A.D. So Answers: R. Thomas Kline 06/16/2004 FEDERMAN & PHELAN Deputy Sherif~/ COUN~"~ OF YORK ~~ OFFICE OF THE SHERIFF 45 N. GEORGE ST. YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER 04-1579 civil STATE STREET BA~K & TRUST COItPA~PI. AS TRUSTEE 4 TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ ROB]/ItT D. POT,S A/K/A ROBERT DOUGLASS POT,S A/K/A DOUGIAS R. POTTS MARCIA F. POTTS A/K/A MARCIA FE'rl'~.gS MORTGAGE FORECLOSURE SERVE ~" 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD BERT D. POTTS A/K/A ROBERT DOU~LA.qS POTTS A/K/A DOUGLAS R. POTTS / 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT %. 1600 ~ ~&~kx~m%,-~%~ I~NDOW ROAD, YORK, PA 17403 7 INDICATE SERVICE: O PERSONAL g] PERSON IN CHARGE X~iEPUTIZE ~ CERT MAIL ~ 1 ST CLASS MAIL LJ POSTED 'J OTHER NOW April 13 ,20 04 I, SHERIFF oC~'~6~JNTY, PA, do hereby deputize the sheriffof York COUNTY to execute this Writ and make return thereof.according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF C0UNTY _Cumberland FLIZ. AgE Ai-I'F21PT SERVICE AT LEAST THREE TIMES. -- ADVANCE FEE PD BY ATTORNEY Mai] return of service to Cumberland County Sheriff. PLEASE TYPE ONLY LINE 1 THRU 12 NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any aputy shed levying upon o~ attaching any IXop~ty under within writ may leave same wilhout a watctwnan, in custo(fy of whomever is [~Jnd in possession, after notifying person of levy or attachment, w~hOUt liability on the part of such deputy o~ the sheriff to any plaintiff /~OG~.~.~.~~ 110. TELEPHONE NUMBER 11 OATEFILED ~KuERNAIq AND Pm.:!.AN, LLP ~'~'~ 7"'"'--"-- I 215-563-7000 04/12/04 ORE P[5~N CEI~ER, SUITE 14qO ( CUMBERLAND COUNTY SHERIFF PBILADELPIIIA, PA 19103 m.,=,=,,,,pmlet..mda~,,~. /I~,8NDA M. AHRENS / RAT ' 115 Expiralion/HearingDate05_13_2004 16 HOW SERVED PERSOI%%.4. ~ / BESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) BEE REMARKS BEIOV 1 ~ ~E AN{) ~qTLE OF iND~J~I~EBVED / LiST ADDRESS HERE~ I~T Sl~%~l~elefimship m D~fe~da~0 I t 9. Dam;of Senjice I 20 Time o! Servic,~ z~ AttEMPTS Dine 'nme]Mimsl I_.t ID~elXimaIMi~esl I.~. ]Dstg]Tm.,e~'l~les Int~JOate Ymne Miles tnt Ir-,. T'"" MiGsl ~&lDate T~me Mi~es 23 Advar~e Cost$ 24 ~efvica~ostsleS. N/F 12eM,leage 127 Posmgel2e SubT_otal I~.Pomm[aonola~ [3~ Smc~g 1327o~.Co.ts PRO~,~YINOTARY~,/ 46. Si~alatureofY¢xk ~,/1~, ~ ' / ~,, -- 47 OATE COUNTY OF YORK OFFICE OF THE SHERIFF sE.v,c cALL (717) 771-9601 45 N. GEORGE ST.,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS ~ TYPE OI~.Y LINE 1 THRU 12 DO NOT I~I'ACH ANY ~ 1 PLAiNTIFF/S/ STATE S'I~,g~T BAI~. & TRUST CO14PANY, AS TRUSTEE 3 DEFENDANT/S/ ROJ~J~T D. POi"J-'S A/K/A ROBIf, KT UUUGt~d~5 t'OTT5 A/K/A 4 TYPE OF WRIT OR COMPLAINT DOUCLAfl R. PUTTS NARCIA F. PUTTS A/K/A HARCIA FE't-ilf~,S HORTCACE FORECLOSURE SERVE ('5 NAME Or ~Nm~OUAL. COMVANY. CORPOR~nON. ETC TO SERVE OR OESCmPTION OF PROPER~ TO BE LEVIED. AVr^CHEO~ OR SOLD CIA F. PUTTS A/K/A NARCIA FE'I-I'I~I~,S [ s. AOORESS (STREET OR RFO WVH BOX NUMBER. A~TNO. C~W. BORO. VWV.STATEANOZ~COOE) AT ~. 1600 e&m==~x[~x~'~,~"~Ax[~8~ RANDOW ROAD, YOBK, PA 17403 .7 tND~CATE SERVICE: ~1 PERSONAL ~ PERSON IN CHARGE ~ DEPUTIZE ~ CERT MAIL ~ 1 ST CLASS MAIL LI POSTED ~ OTHER NOW April 13 ,20 04 I, SHERIF OUNTY, PA, do hereby deputize the sheriff ~ York COUNTY to execute this Writ and make return thereof*according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT 0F COUNT~umberl~md [~,F.,ASE A']_-J_'F2~'T SKeW[CE AT LEAST 'J_'t:u~E TZNES. ADVANCE FEE PD BY ATTORNEY Hail reb~m of se~'-~ice to CL~berl~Lnd County Sheriff. NOTE: ONLY APPMCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy she,ff levying ufxm o; attaching Roy property under within writ may leave sar wil/lout a watchmen, in custody of whomever is found in possession, affe~ notifying person of levy or attachment mtho~t liability,on the peri of such deputy or the sheriff to any plaintil herein f~' any k~s. hestmction, or removal of a~.0¥n~)ope~y befo~e~Jj~fs sale thereof 9. TYPE N/~IE and ADDRESS of Al'FOR IGINA SlG TURE 10 TELEPHONE NUMBER 11 DATE FILE 12. SEND NOTICE OF SERVICE COPY TO I~AME AND ADDRESS BELOW (This area must he compteted ~ m~ce s to de mailed) Ot~ PlaIN C[tc~.t(, SIT[TE (1_400 [ t~]-nAn~,P[l[A, PA 19103 CUHBEELAND COUNTY SHERIFF o*~t~i~. R0~DA Iq, AHRENS ! 04-14-2004 $-13-2004 16. HOWSERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS E 17 C]I he, by ca,fy and ratu~n a NOT FOUND t~7.ause I am unable to locate the individual, company, etc named above. (See ~ema~s belew ) 18 NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Releflonst~p to Oatendant) I 19~ Date of Sewice 20 Time of Sen I I Viii-liTE - I~,~ng Authority 2 PINK - Attorney 3 CANARY - Shehffs Office 4 SLUE - ~s Ofl~e 45 DATE 47 DATE 6-1-04 49 DATE 5t DATE RECEIVED PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff STATE STREET BANK & TRUST COMPANY, AS TRUSTEE Plaintiff Court of Common Pleas CUMBERLAND County No. 04-1579-CIVIL vs. ROBERT D. POTTS, A/KIA ROBERT DOUGLASS POTTS, A/KIA DOUGLAS R. POTTS MARCIA F. POTTS, A/KIA MARCIA FETTERS 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. I hdjP7 . Date By:4~s;/~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff '-^\., ~. . .-'