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Home My WebLink About04-3284FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff MARY E. KLINE 593-15 GENEVA DRIVE A/K/A 593 GENEVA DRIVE APT. 15 MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. c W- 3.2,0'5/ CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT/N 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. 1F 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)990o9108 File#: 95237 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 WR/TING 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 [,AW 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 #: 95237 Plaintiff is EVERHOME MORTGAGE COMPANY, F/KJA ALLIANCE MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: MARY E. KLINE 593-15 GENEVA DRIVE A/K/A 593 GENEVA DRIVE APT. 15 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/28/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HARRIS SAV1NGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1479, Page 870. By Assignment of Mortgage recorded 12/15/99 the mortgage was assigned to PLAINT~F which Assignment is recorded in Assignment of Mortgage Book No. 633, Page 543. 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#: 95237 The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 07/07/2004 (Per Diem $15.05) Attorney's Fees Cumulative Late Charges 08/28/1998 to 07/07/2004 Cost of Suit and Title Search Subtotal $64,614.40 2,377.90 1,250.00 I04.56 $ 550.00 $ 68,896.86 ]~scrow Credit - 658.02 Deficit 0.00 Subtotal $- 658.02 TOTAL $ 68,238.84 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 $ 68,238.84, together with interest from 07/07/2004 at the rate of $15.05 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. FEDERMA~ AND PHELAIg, LLg /~ ' FRANK, tFEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUI20~E Attorneys for Plaintiff File#: 95237 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 obtained 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 Plaintiff and are true and correct to the best of/ts knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification fi-om Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of l 8 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03284 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND EVERHOME MORTGAGE COMPANY VS KLINE MARY E R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , KLINE MARY E but was unable to locate Her in his bailiwick. deputized the sheriff of WASHINGTON County, serve the within COMPLAINT - MORT FORE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On August 4th , 2004 attached return from WASHINGTON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Washington Co 31.79 Mileage 7.40 76.19 08/04/2004 FEDERMA~N & PHELAN Sworn and subscribed to before me this 9~ day of ~,~ ~)~ ~-( A.D. Prothonotary this office was in receipt of the So answers: ~ R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Everhome Mortgage C~,pany VS. Mary E. Kline No. 04-3284 civil ]~OW, July 21, 2004 , I, SHERIFF OF CUIvlBERLAND COUNTY, PA, do hereby deputize the Sheriff of Washinclton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, Sheriff of Cumberland Ci~nty, Affidavit of Serwce ,20__, at o'clock Ivy. erv~e within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT John C. Rheel Sheriff T. William Bryker Chief Deputy Washington County, Pennsylvania Office of the Sheriff Courthouse Square Suite 101 100 West Beau Street Washington, Pa 15501 7~4~-~o 8-68~0 Fax 7~24~-~$-~719 SheriffFile Number - 04000799 Court Docket #: 04-3284 CIVIL TERM County of WASHINGTON, Commonwealth of PENNSYLVANIA EVERHOME MORTGAGE COMPANY, F/K/A ALLIANC Affidavit of Service COMPLAINT 1N MORTGAGE FORECLOSURE VS. MARY E KLINE I hereby CERTIFY and RETURN that on 7/28/2004 at I:15PM at 322 SPRUCE STREET, CANONSBURG, PA 15317 the within COMPLAINT IN MORTGAGE FORECLOSURE, was served on MARY E KLINE, the defendant named therein, in the following manner: PERSONAL PERSON By delivering to and leaving with MARY E. KLINE personally a true copy thereof, said person being known or identified to me as the person mentioned and described therein. SERVICE A'n'EM PTS This is the first attempt at service Deputy Notes: Fees Received from Attorney: MILEAGE ($6.29), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $31.79 Attomey Name: FEDERMAN & PHELAN, ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD SUITE 1400, PHILADELPHIA, PA 19103-1814 Affirmed & Subscribed to before Me July 28, 2004 STEPHEN SVITEK, Deputy Sheriff Sheriff of Washington County 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 (2'15) 563-7000 __ .Attorney for Plainer EVERHOME MORTGAGE COMPANY, F/K/A ALLIANCE MORTGAGE COMPANY Plaintiff VS. Court of Common Pleas CUMBERLAND County No. I)4-3284 CIVIL MARY E. KLINE Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WI"~ A~ND DiscONTINU.E AND TO THE PROTI-IONOTARY: instant matter, without prejudice, and mark Kindly withdraw the complaint filed in the this case discontinued and ended, upon payment of you:c costs only. Frank Federman, Esqmre. Lawrence T. Phelan, Esqu. xre Francis S. Flallinan, Esquxre Attorneys for Plaintiff