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Home My WebLink About04-2742FEDERMAN 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 CHASE MORTGAGE COMPANY-WEST, FFt<UA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff ALFRED L. ESTEP 1859 SPRING ROAD CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERIvl No. CUMBERLAND COUNTY GERALDINE L. ESTEP 1859 SPRING ROAD 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 H1RING 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 ORNO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 94322 FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/IGA MELLON MORTGAGE COMPANY Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION ALFRED L. ESTEP GERALDINE L. ESTEP NO. 04-2742 CIVIL CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT ALFRED L. ESTEP AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, ALFRED L. ESTEP is deceased -- date of death on or about 7/30/02. Plaintiff hereby releases ALFRED L. ESTEP from liability for the debt secured by the mortgage. As the property is owned by GERALDINE L. ESTEP and ALFRED L. ESTEP as tenants by the entireties, upon the death of ALFRED L. ESTEP, GERALDINE L. ESTEP became sole owner of the mortgaged premises as surviving tenant by the entireties. FEDERMAN AND PHELAN Dated: Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY ALFRED L. ESTEP GERALDINE L. ESTEP COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-2742 CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: ALFRED L. ESTEP was sent via first class mail to the following on the date listed below: Dated: GERALDINE L. ESTEP 1859 SPRING ROAD CARLISLE, VA 17013 / Francis S. Halhnan, l~tuire Attorney for Plaintiff 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), DEPENDANT(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#: 94322 Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/FdA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: ALFRED L. ESTEP 1859 SPRING ROAD CARLISLE, PA 17013 GERALDINE L. ESTEP 1859 SPRING ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/29/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MCA MORTGAGE CORPOILATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1311, Page 612. By Assignment of Mortgage recorded 7/16/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 525, Page 264. 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 03/01/2004 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 #: 94322 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 06/15/2004 (Per Diem $13.91) Attorney's Fees Cumulative Late Charges 03/29/1996 to 06/15/2004 Cost of Suit and Title Search Subtotal $69,053.87 1,891.76 1,225.00 105.68 $ 550.00 $ 72,826.31 Escrow Credit - 517.38 Deficit 0.00 Subtotal $- 517.38 TOTAL $ 72,308.93 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 $ 72,308.93, together with interest from 06/15/2004 at the rate of $13.91 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: FEDEP~g,N~ PHE N, P /s~Franc~s S. Hallihati Iv~ ~ ~ F~ ~DE~AN, ESQUI~ LA~NCE T. PHELAN, ESQU~ F~NCIS S. ~LL~, ESQUI~ A~omeys for Plaintiff File#: 94322 MORTGAGE RObeRT ~ ZIESL~ '96AP~ 3 BM 10 O1 Loan No:1175000098 Dolb~s (U~S. $ 76500.00 ), ll lll Jll)llil 21 ~he ~ ~ acq~ by Le~le~, BO~ow~r's tight ~0 any ~ po~ctes and ~ ~l~lang [faa1 daalla&e .~ Ihe (SeaL) x, ~l~ Y~.,-,~ ..-, ,do he.by c. emfy th~th~correa~of COMMONWE&LTH OF P~NNSYLVANIA, CUI48ERLAND Middleto~l Township, Cumbedm~d County, Pennsylvania, bounded and dcscrib=d us BEOINNINO at a point in the c~ter of Spring Road; thence by land now or formerly AND ~ING ibc sine p~mises which Stcphen R, Cmckpuum and Krlsta N. PRAISES BEING: 1859 SPR~NG RO~. VERIF]CATION 8ummar M. Winai}ardner hereby states that he/she is tssBistant ~ 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 a'ue and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject 1o the penalties of 18 Pa. C.S. Sec. 4904 relating to umworn falsification to authorities. DATE: ~ll-~ SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-02742 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS ESTEP ALFRED L ET AL R. Thomas Kline , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT , to wit: ESTEP ALFRED L unable to locate Him in his bailiwick. He COMPLAINT - MORT FORE who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT , ESTEP ALFRED L NOT SERVED , as to 1859 SPRING ROAD CARLISLE, PA 17013 ALFRED ESTEP IS DECEASED. DIED 7/30/02. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 '~8.00 'R. Thomas Kline ( Sheriff of Cumberland County FEDERMAN & PHELAN 06/22/2004 Sworn and subscribed to before me this 2~~ day of Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS ESTEP ALFRED L ET AL RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE ESTEP GEP~ALDINE L DEFENDANT , at 1735:00 HOURS, at 1859 SPRING ROAD CARLISLE, PA 17013 GERALDINE ESTEP a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of June , 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 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~D~ day of ('~,~,~.~ c2~ A.D. / ' Prothonotary ' So Answers: R. Thomas Kline 06/22/2004 FEDERMAN &~ By: 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 Perm Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPATY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff VSo Com't of Common Pleas Cumberland County No. 04-2742-CIVIL ALFRED L. ESTEP GERLADINE L. ESTEP Defendant(s) p_~RAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREIUDICE ~ AND DISCONTINUE AND E_ND 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. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff