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Home My WebLink About05-1053 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ld. No. 32227 FRANCIS S. HALLINAN, ESQ., ld. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K1A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM (l; Oc L 'T Se.rY) v. NO. OS' - 1()S3 CUMBERLAND COUNTY JAMES D. MADER NKIA JAMES DALE MADER 109 ALLEN COURT CAMPHILL,PA 17011 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 SHOUW 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 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 #: 112426 File #: 112426 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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) DA Y 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 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES D. MADER NKJA JAMES DALE MADER 109 ALLEN COURT CAMPHlLL,PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/06/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1592, Page: 344. PLAINTIFF is now the legal owner of the mortgage and is in the process of fonnalizing 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 06/0 I /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 #: I J 2426 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2004 through 02/28/2005 (Per Diem $16.02) Attorney's Fees Cumulative Late Charges 01/06/2000 to 02/2812005 Cost of Suit and Title Search Subtotal $74,404.55 4,870.08 1,250.00 229.60 $ 550.00 $ 81,304.23 Escrow Credit Deficit Subtotal 0.00 510.53 $ 510.53 TOTAL $ 81,814.76 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 ofa third party purchaser at Shcriffs Sale. If the Mortgage is rcinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention to Foreclose as set forth in Act 6 of 1 974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 9] of] 983, as amended in ] 998, 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 $ 81,814,76, together with interest from 02/28/2005 at the rate of$16,02 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 & SCI~.MmJ^ L;7~ By: c.-::- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff file #, 112426 AU. '11IAT CMl'AIIoI JIIaao .. ...... 11I-. _ '" 1M I..- ,\1IaI T.................' L..i ~ _"'.... _ ....'1 .""'.............. -.0..1.. .-.. _" ......,. alGordl......... "'71, I"%, u IWIcnIo, lcr wi!: . ~lNc; II . """" .. doo -IJ .... aC IoIbo c- .... ,..... b!ia& -...: lSOl '- ........ ....... _1IId Ifoe _.... _ _ ur AIlco c:..... t1""~",, Oriw; \IIcMe)lOlllo :Ill.... w..r...... tIoo~,JiIIoIC'I.tll No. I~.. ...hclaIIIo/Iar_ ~ "l"" 120.71 MW. poiIIl; __ KlIllk 3:l '-%3 ...... 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HALLINAN, ESQUIRE 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. l024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as 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 unsworn falsifications to authorities. ~,~ ~~ Francis S. Hallinan, squlfe Attorney for Plaintiff DATE: -p~ \\-~ .l: o ~ ~ '}J ..!::, ~ tQ tn. U<. en. ~ r :B- -r-- ~ ~ "'-..... ~\..1 \~:,} rr' t,; ~~'t~:: (n~r; :-<,,, ~:.,-", r;\:.-,' ~.. ~....:(,~:, f..-~f 'J,';' c:,: ..,,'" ....:.;,. :.( ---- .-' <;:;7.1 ~'\ -;JI: '?:O \ tv q.. .:'t.-n t"l.'\'~ '<"1 :'69 (),() .~'::: -,i -'L..~'f\ ~'.)D :~:, ;4"10 '~~ :PO J::" -,'~ (fl ~ ~ ~ - SHERIFF'S RETURN - REGULAR CASE NO: 2005-01053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MADER JAMES D AKA JAMES DALE M 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 MADER JAMES D AKA JAMES DALE MADER t e DEFENDANT , at 1700:00 HOURS, on the 17th day of March 2005 at 109 ALLEN COURT CAMP HILL, PA 17011 by handing to JAMES MADER a true and attested copy of COMPLAINT - MORT FORE together 'th and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 9,62 ,00 10.00 ,00 37,62 So Answers: .~(J~'f:",:,,< 'f,.~::e::,c;.f R. Thomas Kline 03/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to me this ~ day of , ~ dC;d{ before By: A,D, P ~Jw~ :>I-jv u - .." 5PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S, HALLINAN, ESQUIRE Identification No, 62695 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County James D. Mader Defendant No. 05-1053 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended, Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: I 7/20/06 1T/1Mur 4(~ Francis S, Hallinan, Esquire Attorney for Plaintiff . 112426 "'-.- ~ ~ ~ ",... , ~a'\ ~ -",,- ..., ZS;; I t;Q...::: -! !2Cl ->0 ZQ ~ ~2 (..) 9 ~ " ~ - (T\