The URL can be used to link to this page

Home My WebLink About04-6284 FEDERMAN PHELAN, LLP 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 BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS SERIES 2004-R1 7105 CORPORATE DRNE PLANO, TX 75024 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM No.~-WPif CULL~~ CUMBERLAND COUNTY v. BRIAN R. BENNETT NKJ A R. BRIAN BENNETT 260 WHISKEY RUN ROAD NEWVILLE, P A 17241 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 108460 File #: 108460 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 AFfER 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 BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS SERIES 2004-Rl 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: BRIAN R. BENNETT AfKJ A R. BRIAN BENNETT 260 WHISKEY RUN ROAD NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/29/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1297, Page: 1175. By Assignment of Mortgage recorded 5/22/96 the mortgage was assigned to COUNTRYWIDE FUNDING CORPORATION which assignment is recorded in assignment of mortgage book No. 520, page 786. 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 08/01/2004 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 #: 108460 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2004 through 12/14/2004 (Per Diem $11.15) Attorney's Fees Cumulative Late Charges 12/29/1995 to 12/1412004 Cost of Suit and Title Search Subtotal $53,531.29 1,862.05 1,250.00 91.88 $ 550.00 $ 57,285.22 Escrow Credit Deficit Subtotal 0.00 604.36 $ 604.36 TOTAL $ 57,889.58 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. 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 $ 57,889.58, together with interest from 12/14/2004 at the rate of $11.15 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. FEDERMAN PHELAN, LLP '7/' A/ ~">~- By: //s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108460 ALL THA7 CERTAIN fot of ground lying and being situated in Upper KiftU" Township, Cumberland County, Pennsylvania, more particularl~ bounded ~nd described in accordance with Subdivision Plan entitl.~ nSubdiv~slon for Donald Mellott" drawn by John R. Kissinger, ;teqistered Surveyor, which said subdivision plan has been approve4 by the appropriate Jluniclpal authorities and is recorded in ~mberland COunty, Pennsylvania, in the Office of the Recorder of Deeds in and for said County in Plan Book 56, paqe 23, as follows: . BEGINN:'NG at a parker kalon nail set in the centerline of pUblic road mown and designated as L.R. 21040 at cOJlJllOn corner of Lots 1 and ~; thence along COD_on boundary line of Lots 1 and 2, South 51 dec;tBes 04 11Iinutes 48 seconds West, 319.28 feet to an iron pin; thence along line of Lot 3, South 44 degrees 16 minutes 34 seconds East,- 150.30 feet to an iron pin in corner of land now or formerly of J. Zinn, wbich line is a location of a fenceline; thence Nortl' S1 degrees 04 minutes 48 seconds East, 295.50 feet to an existing yailroad spike in -the centerline of public road L.R. 21040; thenCE along centerline of public road L.R. 21040, North 34 degrees 34 D=nutes 01 second Westl 120.61 feet to a point; thence continuing ~. same, North 37 degrees 45 minutes 04 seconds West 29.33 feet l:o a parker kalon nail, the Point and Place of BEGINNING. CONTAINING a total area of 1.058 acres. BEING Let 1 on the herein referred to subdivision Plan. of-wa~~lf:.e~n:u~~ ~ot?:llding se~ok lines, dedicated right- herein referred to f I.::xii visio::n:la~~ s own and containinq on the BEING the salle t:relll!ses which !!lchael A. Esh and Rosann Esb his wife, by deed ,-ated Septelllber 15, 1994, and recorded in CuJllberland county Re ::ord Book .ptt I Voltme 36, paqe 928 granted and conveyed to Larry C~er, grantor berei.n. '. PREMISES BEING: 260 WHISKEY RUN ROAD VERIFICATION MICHAEL D. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INe. mortgage servicing agent for Plaintiff in 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 falsification to authorities. A4a j) Vd:{ DATE: ;:4ojflU- ?;J D -iQ. ~ 'i 0 "'- w ~ ~ ~ ~ ~ :s C> G; w :tJ F- J ~. ! _ ,) .....,., -- ('0 ~ ,.. " CJ ( .) J:'. f::J ~ ; '\ j (") -- C'. -" """." r'--) : i ,'" ,,'j . PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., rd. No. 32227 Francis S. Hallinan, Esq., rd. No. 62695 Daniel G. Schmieg, Esq., rd No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS SERIES 2004-Rl Plaintiff Court of Common Pleas CUMBERLAND County No. 04-6284 C.T. vs. BRIAN R. BENNETT, A/K/ A R. BRIAN BENNETT Defendant(s) 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. ,:( ~~ 5 Dale ' By: ~!an~J.o S :h!/~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff (") C' ::z; :l~'- :;:,,cJ. , 1" "'C' -~ ...... t:-? SHERIFF'S RETURN - REGULAR CASE NO: 2004-06284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS BENNETT BRIAN R AKA R BRIAN BE SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BENNETT BRIAN R AKA R BRIAN BENNETT the DEFENDANT , at 1236:00 HOURS, on the 27th day of December, 2004 at 260 WHISKEY RUN ROAD NEWVILLE, PA 17241 by handing to BRIAN BENNETT 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 8.88 .00 10.00 .00 36.88 ~~ R. Thomas Kline 12/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: p me this /() '- day of /1 / (I.u~ ){}f)j A.D. (i1. Q I0JI{7~/~. '-1~thonotary