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Home My WebLink About01-2783FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION MORTGAGE ELECTRONIG REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff ~ NO. O/- ¥, CUMBERLAND COUNTY EDWARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 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 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 (? I ?) 249-3166 Loan#:40216731 1. Plaintiff' is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) et'the Defendant(s) are: ED~VARD W. ORTH ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/19/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Oft'ice of the Recorder of CUMBERLAND County, in Mortgage Book No. 1389, Page 997. By Assignment of Mortgaga recorded 6/17/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 713. 4. 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 ! 1/1/00 and each month thereaRer are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to ma]ce such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $63,140.83 Interest 3,131.10 10/1/00 through 5/I/01 (Per Diem $14.70) Attorney's Fees 3,157.00 Cumulative Late Cha~ges 188.68 6/19/97 to 5/I/01 Cost of Suit and Title Search 550.00 Subtotal $70,167.61 Escrow Credit 300.85 Deficit 0.00 Subtotal ~$ 300.85~ TOTAL $69,866.76 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. 'l~he Combined Notice has been sent to the Defeodant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. 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; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,866.76, together with interest from 5/1/01 at the rate of $14.?0 per diem to the date of .~udgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank F derman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff VERIFICATION FIC~.NK FEDERM.~.N. 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, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tr,.~e and correct to the best of his .U:owledge. informauon and belief. Fur, hen,'nore, it is cot, nsel's intention ro st, bstitate a verification from Plaintiffas soon as it is received by counsel. The undersized understands that this statement is made subject to the aenalties of IS Pa. C.S. Sec..I.90-1. relating ro thlsitlcatio~t to .,t, tho~ties. SHERIFF'S RETURN - REGULAR CASE ~0: 2001-02783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ORTH ARLENE the DEFENDANT , at 1939:00 HOURS, on the 30th day of May , 2001 at 208 BOSLER AVENUE LEMOYNE, PA 17043 by handing to ARLENE ORTH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 06/07/2001 FEDERMAN & PHELAN Sworn and Subscribed to before sriff me this 2 ~- day of ' Deputy Pr6thonotary ' ' SHERIFF'S RETURN - NOT FOUND ~ASE ~O: 2001-02783 P COMMONWEALTH OF PENNSYLVANIA cOUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ORTH EDWARD W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT but was ORTH EDWARD W unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , ORTH EDWAPdD W PER POST OFFICE MOVED LEFT NO FORWARDING ADDRESS Sheriff's Costs: So Docketing Mileage 9.92 Affidavit .00 R [Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.92 FEDERMAN & PHELAN 06/07/2001 Sworn and subscribed to before me this 2 ~ ~c~ day of ~ ~! A.D. Prot~h~not ary ~ 'FEDERMAN AND PI[ELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12245 A~rORNEY FOR PLAINTIFF ONE PENN CEN l ~R AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1.814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff · v. No. EDWARD W. ORTH CUMBERLAND COUNTY ARLENE ORTH 208 BOSLER AVENUE LEMOYNE, PA. 17043 Dcfeedant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSUI~ NOTICE **TI'IlS 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 IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'~FEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. Ifyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days ai~r this Complaint and Notice are served, by entering a wriRen appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You ate warned that ifyou 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 properly or other rights important to you. YOU SHOULD TAKE TI-tiS 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 I ?013 We hereb'/certify the (717) 249-3166 wi',.hin to be a true and cor~',',!~t copy of the od§h-,al filed of record FEDERMAN AND PHELAN Loat #: 40216731 I. Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 820J GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) oftbe Defendant(s) ate: EDWARD W. ORTF[ ARLENE ORTH 208 BOSLER AVENUE LEMOY'NE, PA. 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/19/97 mongegor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBAN(~ · MORTGAGE CORPORATION which mortgage ~s recorded in the O~ce of the Recorder of CUMBERLAND County, in Mortgege Book No. 1389, Page 997. By Assignment of MOrtgage recorded 6/I 7/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 579, Page 713. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 I/I/00 and each month thereafter are due and unpaid, and by the terms of said mortgage upon failure ofmortgegor 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. 6. The following amounts are due on the mortgage: Principal Balance interest $63,140.83 I0/I/00 through 5/I/01 (Per Diem $14.70) 3,131. I 0 A~tomey,s Fees Cumulative Late Charges 6119/97 to $/I/OI 3,157.00 Cost of Suit and Title Search 188.68 Subtotal Escrow $70,167.61 Credit Deficit Subtotal 300.85 TOTAL $69,866.76 7. The a~torney,s fees set forth above are in conformity with the Mortgage Pennsylvania Law, and will b · Sheriffs Sale If the ~,-~ · collected m the eve t .~ · documents and will be charged. ,-Lurrgage is re/ns o*~' · n. ,,,a th,rd n,r~ ...... t.,,~u prior to th~ c.~_ r---., ~urcnaser at - ""~, reasonable a~orney,s 8. This action does not come under Act 6 of 1974 because the original fees exceeds $50,000 00 ·' ' mortgage amount 9. The Comb/ned Notice has been sent to the Defendant(s) 10. required bY 35 P.S. § 1680.403c. by regular and cenified mail as The Temporary Stay as rovi Program, Act 91 of IOa~p L ded by the Homeow, (i.) ~o.~, nas terminated becauL:''~..'. ~ emergency Mon,,a .... Defendant(s) have fa/led to meet with ~e e~tner: e ~ '~ss~stance or the Plaintiff or an Counseling ,Agency in accordance with PlaintifPs writte~uth°rized Credit (ii.) Defendant(s) application for a sistance has been rejected Notice to Defendants; Housing Finance ,Agency. s by the Pennsylvania WHEREFORE, PLAINTIFF demands an ~ ~ Judgment against the Defendant(s) in $69,866.76, together with interest from Judgment, and $/1/01 at thc rate of $14.70 per diem to the date of sale of the mortgaged property the sum of other costs and.charges collectible Under the mortgage and for the foreclosure and FRAN~N, ESQUIRE Attorney for Plaintiff and the: .., or ..~'d Court//" ' ' :~ :;~Y hand ~. day of Avert, ' ~m~ 2~0 .--~eC S4 £ee- ~;' Cheflqe __~e~C CO · FRANK FEDER3,L4.N. ESQ~.'IRt:: hereby states that he is attorney for Plaintiff in this matter~ that Pluintift~s outside the jurisdiction of the court and. or the veri~cation could not be obtained within the time a//o~ved tbr the filing of the pleading, that he is auth · .onzed to mak~ this ver/fication, and that the statements made in the fore,,n; ,'- · Act/on iv. -~,for~gage Foreclosure are true and correct to the best o£his L~.o,vled~o znt°rmat!on anc! be ief Fa~he.,'moce. lt is c, , ~ ~.. . · .. from PlaintitTas soon as it zs recezved by counsel. The undersi,..,ned nde. stands 'hat ".his statement is made subiec: to :i .... , ' t'alsiticari,.~,, to a'~:t?,odt es D.ATE:~ FEI)ERMAN AND PHELAN BY: FRANK FEDERMAN Identification No. '12248 ATTORNEY FOR PI.AINI'IFF One Penn Center at Suburban Station 16'17John F. Kennedv Boulevard, Suite 14110 Philadelphia, PA '19103-1814 (215) 5o3-7000 Mortgage Electronic Registration Systems, lac Plaintiff Court of Common Pleas : CMl Division VS. : Cumberland County : No. 01-2783-CIVI1, Edward W. Orth Arlene Orth Defendants PRAECIPE TO THE PROTI'IONO'FARY: X Please mark the above referenced case lJiscontinuccl and linded with.ut prejudice. Please mark the above rcferunced case Settled, Discontinued and Ended. __Please mark Judgments satisfied and the Action settled, discontinued and ended. __Please Vacate the judgment entert,d and mark the action discontirtued inld ended without prejudice. __Please withdraw the complaint and mark the action discontinucd and ended without prejudice. Date: ;o ~ ~ -- ,.. - ... ..,., .-...~- ....... Frank [q..dt, rmal~ .,\ttorllc'x' for PJaintilf llllilll'lfil:i'"'i "'" ,"l"'lli , "II"IlU, i111.1 I. I