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Home My WebLink About04-1939FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. ItALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 COURT OF COMMON PLEAS CIVIL DIVISION ROBERT S. LOWRY 560 BOXWOOD LANE CARLISLE, PA 17013 Plaintiff TERM NO.04-- 1937 CUMBERLAND COUNTY KAREN A. LOWRY 560 BOXWOOD LANE CARLISLE, PA 17013 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 WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 92184 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 1N 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. Fi/e#: 92184 Plaintiffis PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 The name(s) and last koown address(es) of the Defendant(s) are: ROBERT S. LOWRY 560 BOXWOOD LANE CARLISLE, PA 17013 KAREN A. LOWRY 560 BOXWOOD LANE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/18/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WAYPO1NT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1744, Page 1483. By Assignment of Mortgage recorded 12/28/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 683, Page 2207. 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 01/01/2004 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 #: 92184 The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 04/29/2004 (Per Diem $19.91 ) Attorney's Fees Cumulative Late Charges 12/18/2001 to 04/29/2004 Cost of Suit and Title Search Subtotal $118,656.87 3,006.41 1,225.00 88.66 $ 550.00 $ 123,526.94 ESCROW Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $123,526.94 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 $123,526.94, together with interest from 04/29/2004 at the rate of $19.91 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: FEDE~R]~IAN AND P~HEL_A. IN, LLP /s/Francis x& HMlinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 92184 ItEJN¢~ tho same propm'i~ which /~. B. Phillips. Jr. nnd P. ob~rt M. Prey, ns Trustees of Edlu CorporatJoll profit Sharing Tru~t~ by Deed dated Sa, nuacy 15. 1979.'and recorded in the Ofilce of tke Rm:order of'Deeds in and t'or Cumberland County in Deed Book 'G'. Volume 28. Page 194. granted and conveyed unto James E. ICistler and t~lizabeth P. Iiistler, nranto~s herein. ~ub~e~t, l~oweves', to d~e restrlctlolas and condillons tm:ordeal in Cumberland County ia Ivtrlscellaneous Book 166. p~ 51:~ a~ld in prior deeds of record. VERIFICATION Mindy Sebastian, hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, 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 tree and con-ect 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 relathag to unswom falsification to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01939 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL R. Thomas Kline. duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT LOWRY ROBERT S unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , LOWRY ROBERT S 1820 RIDGEVIEW DRIVE CARLISLE, PA 17013 DEFENDD/qT DOES MOT LIVE AT 1820 RIDGEVIEW DR. , NOT FOUND , as to CARLISLE. Sheriff's Costs: Docketing 6.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 24.45 Sheriff of Cumberland County FEDERMAN & PHELAN 05/11/2004 Sworn and subscribed to before me this /~ ~ day of ~ ~20~o~ A.D. notary ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01939 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL R. Thomas Kline duly sworn accordilng to law, inquiry for the within named DEFENDANT LOWRY KAREN A unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , LOWRY KAREN A 1820 RIDGEVIEW DRIVE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT 1820 RIDGEVIEW DR. , NOT FOUND CARLISLE. · as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 "' R. Th6~mas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/11/2004 Sworn and subscribed to before me this /~ day of ~ Pro~b~Dnotary · SHERIFF'S RETURN CASE NO: 2004-01939 P COMMONTWEALTH OF ]PENNSYLVANIA COUNTY OF CUMBERL~kND - NOT FOUND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT LOWRY ROBERT S unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , LOWRY ROBERT S 120 SOUTH PITT STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT 120 S PITT ST CARLISLE. , NOT FOUND , as to Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit 5.00 Surcharge 10.00 .00 24.45 So answers:~-~-~ ~ ....~_[L~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/11/2004 Sworn and subscribed to before me this ~ day of ~%~ ~9~ A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01939 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERlaND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT LOWRY KAREN A unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 120 SOUTH PITT STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT , LOWRY KAREN A 120 S PITT ST. CARLISLE. , NOT FOLrND , as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answe~s~ ~. .... ii - j R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/11/2004 Sworn and subscribed to before me this 7~ day of ~b~ / ~ ~ A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2004-01939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon LOWRY KAREN A DEFENDANT , at 1602:00 HOURS, on the 5th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 KAREN LOWRY a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, COMPLAINT - by handing to the , 2004 MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this /~-~ day of ~Oo~ A.D. /P~othonotary ' ~ So Answers: R. Thomas Kline 05/11/2004 FEDERMA/q & PHELAN Deputy Sheriff f SHERIFF'S RETURN - REGULAR CASE NO: 2004-01939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS LOWRY ROBERT S ET AL CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOWRY ROBERT S the DEFENDANT , at 1420:00 HOURS, on the llth day of May , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ROBERT LOWRY a true and attested copy of by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 560 BOXWOOD LANE CARLISLE IS VACANT. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /f~---~ day of A.D. ~ IProtHonotary I ' So Answers: R. Thomas Kline 05/11/2004 FEDERM3kN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2004-01969 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND REIMER YVONNE E VS MILLER BARRY A CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon MILLER BARRY A DEFENDANT , at 0825:00 HOURS, at CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 BARRY A MILLER a true and attested copy of COMPLAINT - on the 13th day of May 1101 CLAREMONT ROAD by handing to the , 2004 REPLEVIN 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 A.D. rothonotary ' So Answers: R. Thomas Kline 05/13/2004 HANFT & ~IGHT 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 PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. ROBERT S. LOWRY KAREN A. LOWRY Plaintiff Court of Common Pleas CUMBERLAND County No.. 04-1939CIVIL TERM 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