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Home My WebLink About04-5257 , FEDERMAN 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 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY S1MI VALLEY, CA 93065-6298 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No.D4 -S'~S7 Gil.J~l'-r~ v. CUMBERLAND COUNTY MISRA J. SPERA W 33 EAST LOCUST STREET MECHANICSBURG, P A 17055 Defendant 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, P A 17013 (800)990-9108 File #: 100788 , File #: 100788 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. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY S1MI V ALLEY, CA 93065-6298 2. The name(s) and last !mown addressees) of the Defendant(s) are: MISRAJ. SPERAW 33 EAST LOCUST STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1761, Page: 7861. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 06/01/2004 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 #: 100788 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2004 through 10119/2004 (Per Diem $17.63) Attorney's Fees Cumulative Late Charges 05/30/2002 to 10119/2004 Cost of Suit and Title Search Subtotal $87,537.40 3,032.36 1,250.00 97.40 $ 550.00 $ 92,467.16 Escrow Credit Deficit Subtotal 0.00 609.14 $ 609.14 TOTAL $ 93,076.30 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 Sheriff's 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 93,076.30, together with interest from 10/19/2004 at the rate of $17.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM AND PHELAN, LLP By: Is ranClS . 'alli~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ File #: 100788 ALL THAT CE./U'AlN tract or ~/ of/twl twl premi$es, siruate. lying and being in lhe Borough.of M=htmtcsburg in the County of Cumberland and Commonwealth of Pennsylvania, more pevlicularly described os follows: ON the Soulh by Locust Stnter. 011 the East by lot now or j'c"l11Uly ofGeor~ Watson. on the nort" by SrollfjQ A.lley and on tM west by wIlloW or tarmerly ofE.M. Slothour. CONTA.INlNG infrcmt on said Locusl S1reet, lwenJy1lve (25) feet. arld in depth ninery-seven (97) feet, more or less. BEING located on the nonh side of East locust Street. being a two story brick dwelllng house known and nUMb/l1'td as 33 East LoCUlI StrUt, Mechanlc&urg, PuutS)lIWlllia. BEING the .same premises whtch LYI11l M. Fleisher. now by re4fOrl of marriage. L)JnIf Fleisher Es'rl~he,. and l.cuy D. Estrit:her. her husband. by Deed dated December 23, 1999 and recorded December 30. 1999 in the Office of the Recorder of Deeds In IJ1Idfor Cumlurltmd Collnt)l. Penrl$YTvania. in Deed Book 114, page 81. granled aJJd conveyed Wlto Marie D. Clark, Grantor herein. PREMISES BEING: 33 EAST LOCUST STREET. VERIFICATION MICHAELD. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plainti1fin this matter, that he/she 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 ofhislher 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 fil!sification to authorities. ~D vUf DAlE: !()~/4 0 L( p -tq t Ii Crt t CI'\ CI1 ....... l.u () '" "\) v .- ().J V) ..t. ~ ..0 ~ '"'\f :t: --L:- t ~ I.i t: .{. ~, (Ii. , ; , PHELAN HALLINAN & SCHMIEG, LLP By: 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 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. MISHAJ. SPERAW Defendant( s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 04-5257 CIVIL PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END 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. l;zh, t 1 Date ( {I ~~j;; ~ d!L- Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff ("') "" => 0 c c:::> 11 -- ..r:- ~ 0 :i:! ""t1t';-1 f:Prn rT"J m~ Le' n N -om ~~_:~~ :00 ex> 0' r.:::C:. --I (:) ~r- -0 -r -r~ \.:5 :!} ~8 3:: "7'0 ont Z :-1 t,. :;1 W ~D , W --< SHERIFF'S RETURN - REGULAR CASE NO: 2004-05257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS SPERAW MISHA J RICHARD SMITH I Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania I who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPERAW MISHA J the DEFENDANT , at 1704:00 HOURS I on the 26th day of October I 2004 at 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 by handing to JOSHUA DETTINGER, SON IN LAW ADULT IN CHARGE 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 So Answers: 18.00 7.40 .00 10.00 .00 35.40 ":-;;/ ~1<' .;,,",,,T.,? ./ ;~~:~~.~:~~.:'~~~ >/ R. Thomas Kline 10/27/2004 FEDERMAN & Sworn and Subscribed to before By: me this 6'f!:: day of (f~ dmJ5 A.D. C h-~ Q fh,dh> AOnC rothonotary I FJ