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Home My WebLink About04-3502FEDERMAN 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 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff DOUGLAS R. HARMS 29 GREENMONT DRIVE ENOLA, PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY JANETTE M. HARMS A/K]A JANETTE M. FINK 29 GREENMONT DRIVE ENOLA, PA 17025 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. 1F 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 #: 95963 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 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 #: 95963 Plaintiff is CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENHALL ROAD MOLrNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS R. HARMS 29 GREENMONT DRIVE ENOLA, PA 17025 JANETTE M. HARMS A/K/A JANETTE M. FINK 29 GREENMONT DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 831. By Assignment of Mortgage recorded 11/1/1999 the mortgage was assigned to PLARgTIFF which Assignment is recorded in Assignment of Mortgage Book No. 629, Page 113. 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 #: 95963 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 through 07/19/2004 (Per Diem $29.26) Attorney's Fees Cumulative Late Charges 10/29/1999 to 07/19/2004 Cost of Suit and Title Search Subtotal $129,627.77 4,974.20 1,250.00 0.00 $ 550.00 $ 136,401.97 Escrow Credit - 537.59 Deficit 0.00 Subtotal $- 537.59 TOTAL $135,864.38 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 $135,864.38, together with interest from 07/19/2004 at the rate of $29.26 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95963 to ~t: l~m; nt ~o no~t ~o~r of Lot No. ~ P~ H~s {~c~an Book {~I, ~ '/~, 'J~ po~nt.tqd pl~.~ o~I~JINNINO s~&f~Cl' TO an Ea,~n~nt ~u~t7 in~t~H_~ nad nrta..-,,~_ wh~t ~t~d on ~1 ~ VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agem 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 belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2004-03502 P COMMONWEALTH OF PENNSYLVTkNIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HARMS DOUGLAS R ET AL SHAWN HARRISON , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon HARMS DOUGLAS R DEFENDANT at 2014:00 HOURS, on the 22nd day of July at 29 GREENMONT DRIVE ENOLA, PA 17025 by handing to JANETTE HARMS, WIFE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to the together with , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 11 Affidavit Surcharge 10 39 00 10 00 00 00 10 Sworn and Subscribed to before me this ~- day of ~?Oo~ A.D. ! ~Prothonotary So Answers: R. Thomas Kline 07/23/2004 FEDERMAN & PHELAN / -u~Lt~z Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HARMS DOUGLAS R ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HARMS JANETTE M AKA JANETTE M FINK DEFENDANT , at 2014:00 HOURS, at 29 GREENMONT DRIVE ENOLA, PA 17025 JANETTE HARMS a true and attested copy of COMPLAINT - on the 22nd day of July 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 .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of r ~q-Od~ A.D. othonotary So Answers: R. Thomas Kline 07/23/2004 FEDERMAN & PHELAN ~uty~eriff FEDERMAN AND PHELAN, LLP By: Fra~rrk Federman, Esquire I.D. No. 12248 L~wrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite ~400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PI-IH MORTGAGE SERVICES Plaintiff VS. DOUGLAS R. HARMS ]ANETTE M. HARMs, A/K/A }ANETTE M. FINK Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No.. 04-3502 CIVIL PRAEC/PE TO W/THDRAW COMPLAINT W/TE~ AND DISCONTINUE AND ENi_} 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. rank Federma:~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff