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Home My WebLink About05-0089 PHELAN HALLINAN & SCHMIEG, 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 FORPLAINTWF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. OS - JXI GU'ltr~~ Plaintiff CUMBERLAND COUNTY SUSAN E. BATEMAN AIKJ A SUSAN E QUIGLEY 731 WALTON STREET LEMOYNE, P A 17043 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. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON 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 Referra] Service Cumberland County Bar Association 32 South Bedford Street Carlis]e, PA ]7013 (800)990-9108 File #: 108919 Fi]e#: 1089]9 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 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: COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: SUSAN E. BATEMAN A/KJA SUSAN E QUIGLEY 731 WALTON STREET LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/15/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1862, Page: 246. 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 07/01/2004 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 #: 108919 6. The following amounts are due on the mortgage: Principal Balance Interest 06/0112004 through 01104/2005 (Per Diem $19.50) Attorney's Fees Cumulative Late Charges 04/15/2004 to 01/04/2005 Cost of Suit and Title Search Subtotal $86,393.45 4,251.00 1,250.00 192.54 $ 550.00 $ 92,636.99 Escrow Credit Deficit Subtotal 0.00 417.34 $ 417.34 TOTAL $ 93,054.33 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 93,054.33, together with interest from 01/04/2005 at the rate of$19.50 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. PHELAN HALLINAN & SCHMIEG, LLP ~~/ca-~. ~ //~~...) By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108919 , ~ ~~ All THAT CERTAIN tract or parcel of ground situate in the Borough of Lemoyne Cumberlan COunty, Pennsylvania, more I"-articularly bounded and described according to a s ey 0: .. Raffensperger, dated Noven ler 14, 1954. as foflows: BEGINNING at a point on trE Northern line of Walton Street. 1.90 feet West of the Northwest corner of the intersection if Nalton Street and Seventh Street, also being at the dividing line between Lots Nos. 48 and 4~ on hereinafter mentioned Plan of Lots; thence Westwardly along the Northern line of Walton Street. 60 feet to a point at the dividing line between lots Nos. 49 and 50 on said Plan; thenoe North 36 degrees 30 minutes West along same, 140 feet to a poin:t thence North 53 deg""ees 30 minutes East, 60 feet to a point at the dividing line between lots Nos. 48 and 4J on said Pran; thence South 36 degrees 30 minutes East along same, 140 feet to a point, thE place of BEGINN1NG. BEING Lot No. 49 on Revised Plan of part of Chatham Village, said Plan being recorded in Plan Book 5, Page 62, Cumberla 1'- County Records. BEING KNOWN AS 731 WatOtl Street, Lemoyne. PA. BEING THE SAME PREMISES. which Frederick L Batemen ajkja Frederick L Bateman and Susan E. Quigley, n/kJaj S JSan E. Bateman, by deed dated June 10, 1987 and recorded in ~e Office of the Recorder o~ ~eeds in and for Cumberland County in Deed Book S, Volume 32. Page 1003 granted and cor veyed unto Frederick L Bateman and Susan E. Bateman, his wife. the Grantors herein. VERIFICATION MICHAEL D. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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 of his /her 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. ~j) I/d-~ DATE /~~ ~ ~ t1 '*' 0) ............ w 8 C) 1'--., ~ ~ r- = :s '- c:c~ 0 ~~ ~ .,., ~ ~..,., () C9 p:! .....~ z rn -'-' ~j:',: . I r- r ..",.-" -om "-~'" (..n ~!;J9 -...() ~~: l~_~ ~(~ ~; '.,.. ~ <0 -0 ('..)~F.t 3: ;:.r~ ;;:M ~.~: - .. ,... ) ~ ~ w );! .,- ~ :.< SHERIFF'S RETURN - REGULAR CASE NO: 2005-00089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BATEMAN SUSAN E AKA SUSAN E HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BATEMAN SUSAN E AKA SUSAN E QUIGLEY the DEFENDANT , at 1932:00 HOURS, on the 6th day of January 2005 at 731 WALTON STREET LEMOYNE, PA 17043 by handing to MARK ORNER, BOYFRIEND 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 11.84 .00 10.00 .00 39.84 .:-.;.!;""-' . .,' , v/..4 /~ R. Thomas Kline 01/07/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: 7tJiJ Deputy s~riff me this .10 J'I ~ day of . I . / LrV":,'i .J!fV5 A.D. YJx"-' {2 nVPLi.. ~ othonotary , PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., ld. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. Court of Common PI s CUMBERLAND Cou No. 05-89 CIVIL TE SUSAN E. BATEMAN, A/K/A SUSAN E. QUIGLEY Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRE UD AND SETTLE. DISCONTINUE AND END TO THE PROTHONOT ARY: Kindly withdraw the complaint filed in the instant matter, without prejudi , and mark this matter settled, discontinued and ended, upon payment of your costs 0 y. ill. ~~ By: J Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff I/L Q ~ <=.,"> --qS;~ (\;:'\" :S-)~~~. u}:r .<. r-- '. L ""'P'c" %'l.--': 'YC: ~ ~ ,,,", '-" '$ ~ N N ~ o -<\ .... -r:...... r\1-;;::- -.-,(r\ ":.t) '\'1) " ~" ;::~jL(, \~ -'; 1 ;:9) ~>') ~~.'rl' ~':-?\ .~ .~ "?::. -0 -X ~ N .' .- co