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HomeMy WebLinkAbout01-0748FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE iDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 Plaintiff GARY T. EUSKE DEBORAH L. EUSKE, Afl~A DEBORAH LYNN EUSKE 55 LITTLE RUN ROAD CAMP HILL, PA 17011 Defendant(s) ATTORNEYFORPLAINTWF COURT OF COMMON PLEAS CIVIL DWISION TERM NO. ~)/_ 7L//~' ~ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ~*THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in thc 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 faiI 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. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0002792596 Plaintiff is CENDANT MORTGAGE CORPORATION, F/KJA PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 The name(s) and last known address (es) of the Defendant(s) are: GARY T. EUSKE DEBORAH L. EUSKE, A/K/A DEBORAH LYNN EUSKE 55 LITTLE RUN ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/1/9l mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1035, Page 7. 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 10/1/00 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 ~vritten notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit The following amounts am due on the mortgage: Principal Balance Interest 9/1/00 through 2/I/01 (Per Diem $23.51) Attorney's Fees Cumulative Late Charges 1 l/1/91 to 2/1/01 Cost of Suit and Title Search Subtotal $100,963.11 3,620.54 4,000.00 171.32 550.00 $109,304.97 Escrow Credit 0.00 Deficit 175.38 Subtotal $175,38 TOTAL $109,480.35 The attorney's fees set forth above are in conformity with the Mortgage docmnents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sherifl's 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 $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." I0. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLA/NTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,480.35, together with interest from 2/1/01 at the rate of 523.51 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. rs/Frank Federman FRANK FEDEILMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DAT~ December 11, 2000 TO: Gary T. Euske 55 Little Run Road Camp Hill, PA 17011 FORECLOSURE Debo/'ah L. Euske 55 Little Run Road Can~ Hill, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATI'EMlYrlNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN Al 1 ~/VIPT TO COLLECT ~ ll%'DEBTF, DN~SS REFERRED TO HEREIN AND ANY IN'FORMATION OBTAU'~D FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A i-iI~MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAIIVST PROPERTY. This is au official uotice that the mor~{age on your hom~ is in defmult ~ ~he l~uder in~-uds to foreclosure, Specj.flc information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (H~MAP) may be able to helu to save your boroe. This Notice exp{ains how the oroeram works. To sa~ if HEMAP can help. you must MEET WITH A CONSUb~R CREDIT COUNSELING AGh-NCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this No,ice with you wheu you meet tbe Counseling A~ency, The name. addres~ and phone number of Coumumer Credit Counsuliag Agencies serving your County are listed a£ the end of this Notice. If you have any questions, vou may call the Pen. nsvlvauj~ Housin$ Ageucv tO{1 free at 1-800-342-2397. (Persons with {mvaired hearina eau call (717) 780-1869). This Notice contains important legal information If you have any questions, representatives at the Comumer Credit Counseling Agency may he able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUECION IN'MEDITAMENTE LLAMA.NDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARKIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAK SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT A STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Gary T. Euske and Deborah L. Euske PROPERTY ADDRESS: 55 Little Run Road - Camp Hill, PA 17011 LOAN ACCT. NO.: 0002"/92596 ORIGINAL LENDER: Cendant Mortgage Corporntlon, f/k/a PI-I~ US Mortgage Corporation CURRENT LENDER/SERVICER: Cendant Mortgage CorpOrntlon HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMIi FROM FORECLOSURE AND HELP YOU MAKE ~ MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT ~ BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISI-~-n BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEM~OR,ARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of £oreclosur~ on your mortgage for th/try (30) days from the dat~ of this Notice. During that time you rm~ arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETIIgG MUST OCCUR Will-lIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, TI4E PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of thc consumer credit counseling a~encies listed ~t die end of this notice the lender may NOT take action against you for thirty (30} days after the date of this meeting. The n~mes, addresses and t~lel~hone nora_hers of desiRnatnd consumer credit counsel~ agencies for the count~ in which thc orogeny is located are set forth a~ the end of this Notice. It i~ only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a d~fanlt for the reasons set forth later in tl~ Notice (see following pages For specific information about the mture of your default.) If you have ~'ied and are anable to resolve this problem with the lender, you have the fight to apply for financial aasismnce from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and tile a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end o£this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Permsylvama Housing Finance Agency. Your application MUST be Hied or pnsm'nrked within thirty (30) days of your face-to-face rneetmg. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, F-.XHIBITA FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE Wit,l, BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are ver~ lh~ted. They will be d/sbursed by the Agency under the eligibility criteria establL~hed by the Act. The Pennsylv~-i, Housing Finnnce Agency h~ sixty (60) days m make a decision after it receives your application. Dur~g that time, no foreclosure proceedings will be pursued against you if you have met the time requ/rements set forth above. You will be not/fled d/racdy by the Pennsylvan/a Hous/ng Fi-n-ce Agency of its decision on your applicatott NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FII.r~fG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TH/S NOTICE IS FOR II,FORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN Ai-r~:MPT TO COLLECT 'r~a~ DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CUP~ YOUR MORTGAGE_DEFAULT (Bri~e it uo to dat~l. IVATURE OF THE DEFAULT-Th~ MORTGAGE debt held by the above leader on your propeW/located at: 55 Little Run Road -Cnmp {~il{, PA 17011 IS SEKIOUSLY IN DEFAULT becau~: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followlug months and tim following amounts are now past due: Start/End: 10/1/00 thru 12/1/00 at S1,130.96 pet month. Monthly Payments Plus Late Charges Accrued $3,478.54 NSF: $0.00 Inspections: $0.00 Other:. $0.00 (Susl~): $0.00 Totul amount to cure default $3,478.54 B. YOU HAVE FAILED TO TAKE TH~ FOLLOWING ACTIONS (Do not use if not a~licable}: N/A HOW TO ~ TH]5 DEFAULT-You may cure tbe default within TI-i~TY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,478.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. caskier's check. check or money order made ua]table and sent to: CENDANT MORTGAGE CORPORATION, 60~0 Atrium Way, Mount Laurel, NJ 0~0~4, Attention: Cofleegons Department You can cure any other default by miens the following action within THIRTY' (30) DAYS of the date of ~his letter. (Do not use if rtot applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default W~thin TH~RT~ (30) DAYS of the date ofth~ Notice, th~ lender intends to exe~ise its rights to accelerate ~he mort~ane debt. The mea~z that the entire ouutund~g balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instn!Iments. If full payment of the total am.'~unt past due is not made within THIRTY (30) DAYS, the lender also intenda m instruct its attorney to start legal action to foreclosure upon your mortgage property. 1F THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sberiffto pay offthe mortgage debt. If the lender raf~rs your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you wili have to pay ail reasonable a~omey's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be add~i to the amount to the lender, which may also include other reasonable costs. I£vou cure the default within the THIRTY (30) DAY perioci, you will not be requited to attorney's fees. EXHIBiT A OTI41:R LENDER REMHDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CUR~ TH~ DEFAULT pRIOR TO SHERIFF'S SALE-ffyou have not cured the default within the THIRTY (30) DAY period ami foreclosure ptoceediags have begun, you Sti~ have the d~,ht to cure the default and Vievunt th~ sale at any time up to one hour before the SbefiiFs Sale, You mav do so by paving the total =.mouat rhea onst due. plu~ any late or other chaz~s then due, rea~oaable attorney's fees and costs connected with the foreclosure sale and aav other costs connect~i with the Sheriff's Sale aa q~'~ied ia writing by the lender and by ~fon'niat any other ~e~uireme~ tm~r ~ morma~e. Cm'L~ your default ia the maturer set forth ia this notice will restore your mortgage to the same position as if you bad never defaulted. ~IE~ST POSSIBLE SHERN:F'S SALE DATE-It is eslimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approxima~ly SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sum to you before the sale, Of course, the amount needed to cure the default will iacrense the longer you wait. You may find out at any time exactly what the required payment ur action will be by contacting the lender. -- HOW TO CONTACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 080S4 Tel: (800) 257-0460 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership oftha mortgaged property and your fight to occupy it. If you continue to live ia the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be stsned by the lender at any time. A$SUMIrflON OF MORTGAGE-You may or X~may not (CHECK ONE) sell or Wamfer your homo to a buyer or uansferee who will aasnroe, the mortgage debt, provided that all the outstanding payments, charge and attorney's fecs and cost ~re paid prior to or at the sale and that the other requirements oftbe mortgage are sa~sfied. YOU MAY ALSO HAV~ THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING l~Sl rIUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAM~ POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TI~ DEFAULT. (HOWF~VER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES 1~ ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENC~ OF A DEFAULT I~ ANY FORECLOSURE PROCEEDING OR ANY OTteR LAWSUIT 12~.~-i'i-i UTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSLrMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very mdy yours, CENDANT MORTGAGE CORPORATION Cc: C~ndant Mortgage Corporation Arm: Collections Depar~nent Account No.: 0002792596 Mailed by 1~ Class mail and by certified Mail No: 7106-4578-1294--1441-6647,6654 EXlqi ITA PENNSYLVANIA IlOUS1NG FINANCE AGgNCY HOMEOWNER'S ~tF. RGgNCY A,~ISTANCE PROGRAM COnSUMer cR~orr cot~s~J~c ~Gmqcu~ (RtV. ~0e~ CLINTON COUNTY Commumty A~an 2138 [~u~:oln $~ P.O. ~ WiUi~ PA 1~03 (~70) 32~5~ F~ (570) CC~ of N~ PA ~U~ PA 1~ (57~ 3~7 ~ (570) ~ PA laT~ (~70) ~1~7 ~ (~) F~ {570) ~1-1 ~ (~) ~ I 0 m (~) ~ (~70) (~70) 4SS~ ~ 1 ~0 H~ C~ ~ PA 16503 ~021 a~ 2~ S~ F~ (8 Z4) 898-~243 CCC5 of W~ ~ 2~ L~ ~ ~b~ PA (71~ ~41-1757 ~b~ PA (71~ ~5~ i~l~ ~: (71~ ~2-97~7 CC(~ of~ PA 1631 ~mlh Aide.an SL. Su~e 100 Slam CoII~n, PA 16101 (814)2383668 FAX (814) 238-3669 COLUI~A COUNTY · la(X) Abm~m Ex_,~,___-~e Ps~ C1atkl Sm~mlt. PA 11411 &70) $17-9163 m' (80O) 922..9537 PAX ($70} $r/-9134.,9135' pI~NSYLVA~IA BLrLLET~, VOL. 2~, NO. 23, .JUNE ~, 199~ EXHII31T A Town~im of HamvdeD, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and desoribed am follows, to wit: BEGINNING at a point on the Southern line of Little Run Road which point is at the dividing line between Lots Nos. 347 and 348 on Plan of Mots hereinafter mentioned; dividing line between Lots NOS. 347 and 348 on Plan of Lots On the rear lot line of Lot NO. 209 on Plan of Lots T}IENCE North 77 degrees 29 minutes East and along parts of rear lot lines of Lots Nos. 209 and 208, a distance of 80 feet to a point at the dividing llne between Lots Nos. 348 and 349 on Plan of Lots hereinafter mentiomed: dividing line between Lots Nos. 348 and 349 on Plan of Lots hereinafter mentioned, a di~tanoe of 105o05 feet to a point on the Southern line of Little Run Road; THENCE South 77 degrees 29 minutes West and along the Southern line of Little Run Road, a dlstamce of 80 feet to BEING /~Dt No. 348 on Plan of Lots known as Part of Coun:~ Club Park whioh plan is recorded in the Office of 37, page 80. IIAVING T~EON erected the premi~e~ known as and number~ 5~ Little Run Road, Camp Mill, ~ennsylvania. Co., Inc., a Pennsylvania corporation, by its deed July 12, 19~2, end recorded in t~e Office of the Recorder of Deeds inand for Cumberland County, Pennsylvania, in De~ Michael R, Folmer and Brenda Wakely-Folmer, his wife, UND~ A/~D SUBJECT to the following res:riotion which sha~ be construed as a covenant running with =he land: property herein described shall not be used a~ any time a beauty parlor or barber shop. No trailers or mobile hoe~ are to De permitted on the premise~ at any time. P~ISES: 55 LI~LE R~ ~ VER~'ICATION MARK HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiffin this nmtter, that he is authorized to take this Ver/fication, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. DATE: SHERIFF'S RETURN CASE NO: 2001-00748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS EUSKE GARY T ET AL - REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was EUSKE GARY T DEFENDANT , at 0015:49 HOURS, on the at 5S LITTLE RUN ROAD CAMP HILL, PA 17011 GARY T. a true NOTICE , Sheriff or Deputy Sheriff of sworn according to law, served upon the 8th day of February , 2001 EUSKE and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this /4 ~ day of J~7 ~' / A.D. So Answers. R. Thomas Kline 02/09/2001 FEDERMAN & PHELAN SHERIFF'S RETURN - CASE NO: 2001-00748 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDA/~T MORTGAGE CORP VS EUSKE GARY T ET AL REGULAR CPL. MICHAEL BARRICK Cunlberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE EUSKE DEBORAH A/K/A DEBOP~AH LYNN EUSKE DEFENDANT , at 0015:49 HOURS, on the at 55 LITTLE RUN ROAD CAMP HILL, PA 17011 GARY T. EUSKE (HUSBAND) a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of February , 2001 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service Affidavit Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ ~f~ day of So Answers: R. Thomas Kline 02/09/2001 FEDERM3LN & PHELJ~N /~ FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, F/KA PI-IH US Mortgage Corporation Plaintiff Gary T. Euske Deborah L. Euske A/K/A Deborah Lynn Euske Defendants ATTORNEY FOR PLAINTIFF ,Court of Common Pleas Civil Division Cumberland County No. 01-748- Civil PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinned and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action se~Iled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and Date: ended without prejudice. · Hallinan, Esqui Attorney for Plaintiff