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Home My WebLink About05-0628 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 FIRST HORIZON HOME LOAN CORPORATION, F/K/A FT MORTGAGE COMPANIES D/B/A MNC MORTGAGE 4000 HORlZON WAY IRVING, TX 75063 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Of; - 1o:1.F c, u~LT~ CUMBERLAND COUNTY v. MICHAEL K. HOPKINS ANNA M. HOPKINS 30 ALLISON LANE SHIPPENSBURG, P A 17257 Defendants 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 attomey 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 #: 110842 File #: 110842 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 FIRST HORIZON HOME LOAN CORPORATION, F/KJA FT MORTGAGE COMPANIES D/BIA MNC MORTGAGE 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known addressees) of the Defendant(s) are: MICHAEL K. HOPKINS ANNA M. HOPKINS 30 ALLISON LANE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/03/1996 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. 1312, Page: 891. 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 10/01/2004 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 #: 110842 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 02/02/2005 (Per Diem $17.43) Attorney's Fees Cumulative Late Charges 04/03/1996 to 02/02/2005 Cost of Suit and Title Search Subtotal $87,765.06 2,701.65 1,250.00 100.44 $ 550.00 $ 92,367.15 Escrow Credit Deficit Subtotal 0.00 313.89 $ 313.89 TOTAL $ 92,681.04 7. The attorney's fees set forth above are in conformity with the rnortgage 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 of 1983, 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 haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage arnount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,681.04, together with interest from 02/02/2005 at the rate of $17.43 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 , /--> -. ,r ;7'~-'L By: ~inan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 110842 , AU. TBA'1' CIIRB11 ksct of. land .U;uato in SOIlt.h Hewt_ 'f_b:lp, ClUllbedalld CotQl1:y, PeDIl&y1.vWa. boluIdad an4 de"ritled .. fgUQW.1 lIllGI1111iZJfG at &11 .iron p11l _t &t a 50 :foot. pa:ivab Ugbt-O:f_ay ilt ~ _ner ~ Lot. .QlRbCK .; t:ll8llCe aloD'l .~ Lot . .I, Sout.& '6 olegre08 30 al.bat.. J2 lNdoud.. .e.t 22'.66 f.et to 0 hOilllJ,n sot: on th.. J;tgy'''''u:t.s of r.oe. .. and $) tlM_ aJ.ong _1.4 Lot 5, Rort.b 711 1189J:"0.0 05 ldauq,a U .~. w..t. 200.0 t..t t.. an J.~ p1n .",t on lancl8 _ 01; 1_17 of Ronald a. JlaJcer; t:henae dOD\1 .1Il.d lallCls, 11001:1:11 0' _9r... !l7 .tJulte. 25 ._0DcllI _..t 2".~4 feat: W aft iron ~ net. at an u:J.at.J.ng 1:_ (2) J.tlc:h .pipe) 1:Jleac:e a10Bg land. now Clr fo_r1.y of IleDqr 110%.1:, X..~ 80 1189.... 42 ai.nllte. 47 ....<lAd. ....t: 80.0 feet to aD iron pJ,n ..t: on die bo\lllduy of Lot HllDlbcn:8d 2, tb8DCI4 along Lot 2, 8au1:h 67 449'r... 20 8Iin~.. 211 tulconcle ..t 2<CG.2!1 f..t to &II iroa pill .ot on ..u ~1vatel:.l.ght- of--'YJ thallOO aloa9 ..14 privac. rlgllt:-of-r, 8a1li:h 50& d~lIlI. 111 n1ftlat.. 2t seooAda ta.t:: loa ~..t to IUI .iran pllI "t OIl the tiCllUl4U1 of ..LeI riGht.-of_a" the point: of BIGI1IIIDG. DBJIIG Lot. 11I0. 1 .1Id aOA1:d.ning 1.702 &<:I;e. ACC!~in!l to & 8ubdh'Ldon Plan of Delld. Jo. Leba and Joy B. Lebel, hob wJ.C8, r_orllad in t:2M OffJ."'8 of t:h. lleaoC'der of Daocl. for Cwm.;dand CClDDt]' 1D plo Booll. U, P~. 84. PREMISES BEING: 30 ALLISON LANE - . VFRfFTCATfON WANDA COLLIER hereby states that helshe isASST. VICE PRESlOENT fi(~tllt1 /Zz:IL mortgage servicing agent for Plaintiff in this matter, that helshe 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. ~L '-' ASs'f.'tfIJ8t'~~M.rr DATE: _1/211K -lo.. tI'\ '-( ~ ~I( if) s: ~ D ().J:::. , -?i~F F J:- ,,,"_I ~:-~ C) ~',-',) -n '~:~.,J 1 9 -., r'l'l C\) I W '? c:~ r....:.> II .., '. First Horizon Home Loan Corporation, F/KIA FT Mortgage Companies D/BIA MNC Mortgage IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW Michael K. Hopkins Anna M. Hopkins Defendants 05-628 Civil Term ANSWER TO THE COMPLAINT IN MORTGAGE FORECLOSURE AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Neither admitted nor denied. Information about payments of principal and interest is in the control of the Plaintiff, and is not available to the Defendants and is demanded at trial. 6. N either admitted nor denied. Information concerning financial details of this loan is in the control of the Plaintiff, and is not available to the Defendants and is demanded at trial. 7. Admitted. 8. Denied. Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, was not sent to Defendants, as required by 35 P.S. S 1680.403c. 9. Admitted. NEW MATTER 10. Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, by law must be sent to Defendants, as codified in 35 P.S. S 1680.403c and set out in 12 Pa. Code S 31.203. 11. The required notice was never sent out. II Wherefore, the plaintiff requests that this complaint be dismissed. Respectfully Submitted, TURD LAW OFFICES 14?;b. ;;? ~I 2ot?~ Date ' ~y-z:: Richar Koch, EsqUire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant 1- . VERI FICA TION I. Richard Koch, Esquire, attorney for the Defendant herein. have sufficient knowledge of the facts contained in this Answer and verify that the statements made in the foregoing are true and correct to the best of my knowledge. based upon information received from the Defendant. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. ''11 fJ( v1t{/~ ~iJl ~~ Date II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to The Complaint in Mortgage Foreclosure and New Matter upon Francis S. Hallinan, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the 2-5> day of febrl1/f y ,2005, from Carlisle, Pennsylvania, addressed as follows: Francis S. Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19013 TURO LAW OFFICES /~4k,(?~ - 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 -N '--;:5 1::- ~ -<"I ~ ~ -0 -:; - -' <J' {f\ - SHERIFF'S RETURN - REGULAR \.. ._~ CASE NO: 2005-00628 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF, CUMBERLAND FIRST HORIZON HOME LOAN CORP VS HOPKINS MICHAEL K ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of 1 . who bel.ng duly sworn according to law, Cumberland County,Pennsy vanla, says, the within COMPLAINT - MORT FORE was served upon the HOPKINS MICHAEL K , at 1235:00 HOURS, on the 9th day of February, 2005 DEFENDANT at 30 ALLISON LANE SHIPPENSBURG, PA 17257 by handing to ANNA HOPKINS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 ~~~~ R. Thomas Kline 02/09/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before 1ft' ~ / be uty S eritl By: me this /'1 'e day of 1, L ~. "') Jt'IJ :! A. D . I" 1 '}2" () 'nu~" A1J~:r:- . 7 rothonotary ,-,-7 - SHERIFF'S RETURN - REGULAR CASE NO: 2005-00628 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS HOPKINS MICHAEL K ET AL VALERIE 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 HOPKINS ANNA M the DEFENDANT , at 1235:00 HOURS, on the 9th day of February 2005 at 30 ALLISON LANE SHIPPENSBURG, PA 17257 by handing to ANNA HOPKINS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 /7' .' ....:;. , ;""'.("7 -,.p- ,<t#.l;,....~/'. r~ ."4... "".or - ,<Co- -~ .....'..,........'./".:)1'1";:"'",,_"'""...,'" .....,:::.........~ c:.y- ",,-.-" . "I' ,.... R. Thomas Kline 02/09/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this N.!9. day of 'jft~~~-7 /;/).( _ A.D. .- <.. }1t;~th~not~' ~ By: ai. 1;1 ~eputy Sheri~ , PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, FfKlA Ff MORTGAGE COMPANIES, D/B/A MNC MORTGAGE Attorney for Jaintiff i i I , i Plaintiff Court of colon P1,~ CUMBERLA D County No. 05-628 C VIL TERM vs. MICHAEL K. HOPKINS ANNA M. HOPKINS Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT P E UOICE AND SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above referenced case settled, discontinued and e ded. ~Jp'1 ftJ r ' By:~e)f .r #~, Lawrence T. Phelan Esq. Francis S. Hallinan Esq. Daniel G. Schmieg, Esq. Attorneys for Plain iff Date ,;~1.~ ~:~ o ....;'\ 6;?, ., \ .-- ';".:.. "'~ (. ;'; (..'