The URL can be used to link to this page

Home My WebLink About02-0820FEDERMAN 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff TERM CUMBERLAND COUNTY WARREN P. MERKEL DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 Defendant(s) ACTION = I,AW NOTI~.E **TIHS 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 (717) 249-3166 Loan #: 0104154109 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. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5th STREET SCOTrSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: WARREN P. MERKEL DEBRA J. MERKEL 371 BOB CAT ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/13/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1646, Page 18. 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 9/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 8/1/01 through 2/1/02 (Per Diem $28.69) Attorney's Fees Cumulative Late Charges 10/13/00 to 2/1/02 Cost of Suit and Title Search Subtotal $123,311.52 5,307.65 1,250.00 340.96 $130,760.13 Escrow Credit 0.00 Deficit 1 ;096 72 Subtotal .$1 ;006 7~ TOTAL $131,856.85 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $131,856.85, together with interest from 2/1/02 at the rate of $28.69 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. By: ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN t. ract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the line of lands .now or formerly of Claire Chronister, which point is also at the intersection therewith of the line of lands previously conveyed to Melvin F. Chronister; thence along' said lands now or formerly of the said Meivin F. Chronister and George W. Paulus, North 40 degrees 15 minutes West, 353.2 feet, more or less, to the line of lands now or formerly of Leslie M. Singer and Mildred A. Singer, his wife; thence along lands now or formerly of the said Leslie M. Singer and Mildred A. Singer, his wife, North 54 degrees 15 minutes East, 274 feet, more or less, to a stake at the line of lands now or formerly of Linchenberger; thence along lands ncw or formerly of the said Linchenberger, South 40 degrees 45 minutes East, 122 feet, more or Jess, to a stake; thence along the same, North 28 degrees Eas. t, 300 feet to a stake at the line of lands now or formerly of Harry Keller;, thence South 47 degrees 30 minutes East, 260 feet to a stone at the line of lands now or formerly of Claire Chronister; thence South 35 degrees 45 minutes West 578 feet, more or less, to a point ,v,,, ~ ,,~ u, ,~,,uo ,,,.,,,~ u, ~,.,,~,,~,~, ,-,, · , the Place of BEGINNING. BEING the same premises which George B. Paulus, Ruth K. Paulus, Ronald E. Paulus and Della M. Paulus, by Deed dated 12/5/75 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book J, Vol. 26, Page PREliISES BEING ON 371 BOB CAT ROAD VERIFICATION FRANCIS S. HALLINAN, ESQLqRE 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 pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. 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. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MERKEL WARREN P 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 MERKEL WARREN P the DEFENDANT , at 2025:00 HOURS, on the 19th day of February , 2002 at 371 BOBCAT ROAD NEWVILLE, PA 17241 by handing to WARREN P. MERKEL a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /.~ day of ~te~ ~ ~6~3 2~ A.D. thonotary " R. Thomas Kline 02/20/2002 FEDERMAN AND PHELAN Deputy S~/ri f f SHERIFF' S RETURN - REGULAR CASE NO: 2002-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MERKEL WARREN P 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 MERKEL DEBPJt J the DEFENDANT , at 2025:00 HOURS, on the 19th day of February , 2002 at 371 BOBCAT ROAD by handing to NEWVILLE, PA 17241 WARREN P. MERKEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His 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 ~ ~a_~ A.D. / ~rothonotary ' So Answers: R. Thomas Kline 02/20/2002 FEDERMAN AND PHELAN Dep{~ty g~riff F~DERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. Plaintiff Court of Common Pleas CUMBERLAND County No. 02-820 CIVIL WARREN P. MERKEL DEBRA J. MERKEL Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREJUDICE t 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. Date Frank Federman Attorney for Plaintiff