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Home My WebLink About12-1799c -? :C - m =c PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. 289365 JAMES ENOCH KNOX, JR A/K/A JAMES J. KNOX 22 YORK CIRCLE MECHANICSBURG, PA 17050-2751 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n? Nil NO. 1777 Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 103- 175 Pio A-rnq a* 110880 0 0? 907 to qe File k: 289365 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 289365 Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name and last known address of the Defendant are: JAMES ENOCH KNOX, JR A/K/A JAMES J. KNOX 22 YORK CIRCLE MECHANICSBURG, PA 17050-2751 who is the mortgagor and real owner of the property hereinafter described. 3. On 11/30/2006 JAMES ENOCH KNOX, JR. made, executed and delivered a mortgage upon the premises hereinafter described to PATRIOT FEDERAL CREDIT UNION, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1974, Page 3835. By Assignment of Mortgage recorded 01/31/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 734, Page 105.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1, 019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 08/01/2011 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 #: 289365 6 The following amounts are due on the mortgage as of 01/20/2012: Principal Balance $180,269.67 Interest $7,215.11 07/01/2011 through 01 /20/2012 Late Charges $1,359.96 Property Inspections $33.75 Non Sufficient Funds Charge $250.00 Mortgage Insurance Premium / $126.60 Private Mortgage Insurance Escrow Deficit $1,434.16 TOTAL $190,689.25 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant on the date set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $190,689.25, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINpkN & SCMIEG, LLP Schallt, Esquire for Plaintiff File #: 289365 LEGAL DESCRIPTION ALL that certain tract or parcel of real estate situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Eastern legal right of way line of York Circle at the corner of Lot No. 2 on the hereinafter described subdivision plan; thence along said legal right of way line, South 55 degrees 00 minutes 00 seconds East, a distance of 75 feet to a point; thence North 35 degrees 45 minutes 00 seconds East, a distance of 175 feet to a point at the corner of Lot No. 10 on the hereinafter described subdivision plan; thence along the Western line of said Lot No. 10, North 55 degrees 00 minutes 00 seconds West, a distance of 75 feet to a point at the corner of Lot No. 2 on the hereinafter described subdivision plan; thence along line of Lot No. 2, South 35 degrees 45 minutes 00 seconds West, 175 feet to a point on the Eastern legal right of way line of York Circle, the point and place of beginning. CONTAINING 13,123.71 square feet. BEING Lot No. 1, Final Major Subdivision Plan of Brandywine Village 'Extended', dated July 31, 1986, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 51, Page 97. PROPERTY ADDRESS: 22 YORK CIRCLE, MECHANICSBURG, PA 17050-2751 PARCEL # 38-21-0289-030A File #: 289365 VERIFICATION Carrie Johnson , hereby states that he/she is Assistant Vice Preside* PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. By PHH Mortgage Corporation, Its authorized agent, Date: X.1- PHS#: 289365 Name: KNOX sy "?/' - , --- File ft: 289365 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?a,??r??• ?t utuufeF?????? r 11 e -. ''"qtr:.1J iI; PHH Mortgage Corporation vs. James Enoch Knox, Jr. Case Number 2012-1799 SHERIFF'S RETURN OF SERVICE 03/26/2012 04:27 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2012 at 1627 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Enoch Knox, Jr., by making known unto herself personally, at 22 York Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 March 28, 2012 ROBE T BITNER, D PU SO ANSWERS, RON R ANDERSON, SHERIFF k t 2012 J U;,' 21 All 10: ?.s Phelan Hallinan & Schmieg, LLP ' ttorney For Plaintiff 1617 JFK Boulevard Suite 1400 s? f' i B E R L A N D C D U Nt One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff . Civil Division vs CUMBERLAND County JAMES ENOCH KNOX, JR A/K/A JAMES J. KNOX No. 12-1799-CIVIL TERM Defendant TO THE PROTHONOTARY: PRAECIPE ® Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. & SCHMIEG, LLP Date: b? /2 PHELAYAV By: ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 289365 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs JAMES ENOCH KNOX, JR A/K/A JAMES J. KNOX Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 12-1799-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JAMES ENOCH KNOX, JR A/K/A JAMES J. KNOX 22 YORK CIRCLE MECHANICSBURG, PA 17050-2751 Date: 2 By: Jo ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHS # 289365