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Home My WebLink About01-1553FEDERMAN 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) 56%7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O t CUMBERLAND COUNTY NOEL SCOTT CLAYTON MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 Defendant(s) CIVIl, ACTION -I,AW COMPI,AINT IN MORTGAGE FORECI,OSIJRE NOTICE **THIS FIRM IS 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 1N 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 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 Plaintifl~ 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 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#:6950784 Plaintiffis COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: NOEL SCOTT CLAYTON MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/27/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1435, Page 206. 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 11/01/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 2/1/01 (Per Diem $18.14) Attorney's Fees Cumulative Late Charges 2/27/98 to 2/1/01 Cost of Suit and Title Search Subtotal $88,524.00 2,249.36 4,000.00 90.72 550/)0 $95,414.08 Escrow Credit 0.00 Deficit 2._42 Subtotal $ 7.42 TOTAL $95,421.50 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 $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $95,421.50, together with interest from 2/1/01 at the rate of $18.14 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. /3/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ILL TIar/I T CERTztIN tract or ?az'gel of la~id a~td premises, sitttatc, 13,i~g and bei~g ~;~ thc Borough of Mecbanlcsburg in the Cotttlty of Cumborlal~d (t~d Cot~;;z;o,;*~,ealth of 8EG£NNING at a post. cor~er of lot formerly of Mary Fishe[, now o,- late of I{a,'r), S~t),der. and the bttildittg litta o./-sakl South York Street; thence $ottthward alot~g the bttildittg line of said Sottth Yorl¢ .~tr~et sixty-nine (69) feet to lot formerly of Fl< E. I~roo~.r, now o,'fr*r~nerly of Mrs. .]ohn Nailor; thettc* we~tan,ard alo~g the line of safd lot ot~e huttdrcd and aightee~t (118}feet, ~tore or 1~..~$, to the ce~ttat' ora twenty foot alley; the~xee northward along the cet~ter of sa{d alley .~ixt. v-.ine (69).t-~t to lot ~tow or formerly of Iararry'$.yder; thence eastward along the said lot one httndred at~d twe. ty FJ 20} j~et, more of le.*$, to'lhe place of BE~.IN~VJNG. l-lit VI~VG thereon erected a frame d~elling hottse k~tow~ ax No. d26 South York ..~lt-eet, 131~[N~ the .*omeJgret~tises wL'ich ~a~rol! ~4. ~itt$tscr. Exeuctor o~th,, cxt~ata of f~arry G. 9i,~gt'ser, Deed d~tad ~Way 1. 194~ attrl recorded ~[n.y l, 19d6 in lhe Off?ce of the Recorder of Deeds in TIIE SAID Joht* fr, Schnebly having paxxed a~vay o** Jtt/y 16. 1997 thareIE~' ~'estittg sola title PRI~ISE$: 426 SOu'rn YORK STR]gET VERIFICATION BRANDON SC1UMBATO hereby states that he is V.P. of COUNTRYWrDE HOME LOANS, 1NC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, 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 unsxvom fatfication to authorities. ~/~/ SN[ERIFF'S RETURN - REGULAR CASE NO: 2001-01553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOM LOANS INC VS CLAYTON NOEL SCOTT ET AL GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE CLAYTON NOEL SCOTT DEFENDANT at at 426 SOUTH YORK ST MECHA/qICSBURG, PA 17055 NOEL SCOTT CLAYTON a true and attested copy of COMPLAINT - NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 0020:30 HOURS, on the 22nd day of March by handing to MORT FORE the 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this 2 9~-~- day of ~ ~-~-~/ A.D. othonotary So Answers: R. Thomas Kline 03/23/2001 FEDERMAN & PHELAN Deputy S~iff SHERIFF'S RETURN - REGULAR CASE NO: 2001-01553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOM LOANS INC VS CLAYTON NOEL SCOTT ET AL GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE CLAYTON MICHELLE A DEFENDANT , at 0020:30 HOURS, at 426 SOUTH YORK ST MECHANICSBURG, PA 17055 NOEL SCOTT CLAYTON a true and attested copy of COMPLAINT - NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of March by handing to MORT FORE the 20Ol 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 29~ day of ~ ~-e~ A.D. ~ Prothonotary So Answers: R. Thomas Kline 03/23/2001 FEDERMAN & PHELAN Deputy S~riff 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 2~ 563~-700_~_0__ Countrywide Home Loans, Inc. Plaintiff Noel Scott Clayton Michelle A. Clayton Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 01-01553 pRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without ~ prejudice. Please mark the above referenced case Settled, Disc, ontinued and Ended. Please mark Judgments satisfied and the Action settled, 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 ~ended without prejudice. Date: _~.~ Francis S. Hallinan, Esqmre Attorney for Plaintiff