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Home My WebLink About01-3317FEDERMAN 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 19102-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-4399 TRUSTEE FOR SECURITIZATION SERIES 1999-1 AGREEMENT DATED 3/4/99 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 Plainfff BRIAN RHOADES, A/K/A BRYAN E. RHOADES , JR. LYNETFE J. RHOADES 112 N. ENOLA DRIVE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O1'-3317 CUMBERLAND COUNTY Defendant(s) CIVIL 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 tbllowing 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 fall lo 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 (717) 249-3166 Loan #:2071bI4743iNXW Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-4399 TRUSTEE FOR SECURITIZATION SERIES 1999-1 AGREEMENT DATED 3/4/99 3815 SOUTHWEST TEMPLE SALT LAKE CITY, UT 84115 The name(s) and last known address(es) of the Defendant(s) are: BRIAN RHOADES, A/K/A BRYAN E. RHOADES , JR. LYNETTE J. RHOADES 112 N. ENOLA DRIVE ENOLA. PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/I/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST CONSUMERS MORTGAGE CORPORATION, A CALIFORNIA CORPORATION which mortgage is recorded in the Office of thc Recorder of CUMBERLAND County, in Mortgage Book No. 1506, Page 847. By Assignment of Mortgage recorded 2/19/99 the mortgage was assigned to CONTIMORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 604, Page 193. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 2/4/01 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. The following amounts are due on the mortgage: Principal Balance Interest 1/4/01 through 5/4/01 (Per Diem $7.06) Attomey's Fees Cumulative Late Charges 10/1/98 to 5/4/01 Cost of Suit and Title Search Subtotal $22,226.97 854.26 800.00 154.70 550.00 $24,585.93 Credit 0.00 Deficit 157.40 Subtotal $157.40 TOTAL $24,743.33 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event cfa third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable aRomey's fees will be charged. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 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 Del~ndants: 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 $24,743.33, together with interest from 5/4/01 at the rate of $7.06 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclost,re and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff VERIFICATION JOHN SHELLEY hereby states that he is FORECLOSURE MANAGER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this mat~er, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2001-03317 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RHOADES BRIAN ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES BRIAN the DEFENDANT , at 1602:00 HOURS, at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 BRIAN RHOADES on the 4th day of June , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 30 00 10 00 00 37 30 Sworn and Subscribed to before me this ~$~ day of 'P~othonotary So Answers: R. Thomas Kline 06/07/2001 FEDERMAN & PHE~.~ By: /epu~y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-03317 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS RHOADES BRIAN ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES LYNETTE J the DEFENDANT , at 1602:00 HOURS, at 112 NORTH ENOLA DRIVE ENOLA, PA 17025 BRIAN RHOADES, HUSBAND on the 4th day of June , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this 2~ ~ day of ~ ~Z~/ A.D. /pl~othonotary · , / R. Thomas Kline 06/07/2001 FEDERMANBy: & P~ / Deputy Sheriff 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 Manufacturers and Traders Trust Company Plaintiff Brian Rhoades Lynette J. Rhoades Bryan E. Rhoades, Jr. Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2001-03317 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. __Please mark the above referenced case Settled, Discontinued 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 Date: __Please withdraw the complaint and mark the action discontinued and ended without prejudice. Francis S. Hallintan, Esquire Attorney for Plaintiff