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Home My WebLink About05-1742 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 PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION, F/KJA PHH MORTGAGE SERVICES CORPORA nON 4001 LEADENHALLROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. !)5 ~ r7'ld-- ~ CUMBERLAND COUNTY v. JOSEPH W. WHITEAKER JANNE E. WHITEAKER 142 TORY CIRCLE ENOLA, P A 17025 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 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 HA VE 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 # 114387 File #: 1\4387 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 OBT AIN 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 A TTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST A TE. I. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH W. WHITEAKER JANNE E. WHITEAKER 142 TORY CIRCLE ENOLA, PAl 7025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/1997 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. 1390, Page: 935. 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 11/01/2004 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 #: 114387 6. The following amounts are due on the mortgage: Principal Balance Interest 1 % 1 /2004 through 03/30/2005 (Per Diem $20.04) Attorney's Fees Cumulative Late Charges 06/27/1997 to 03/30/2005 Cost of Suit and Title Search Subtotal $86,152.66 3,627.24 1,250.00 113.28 $ 550.00 $ 91,693.18 Escrow Credit Deficit Subtotal - 244.40 0.00 $- 244.40 TOTAL $ 91,448.78 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 Sheriff's 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 $ 91,448.78, together with interest from 03/30/2005 at the rate of $20.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAl)INAN &. S. CHMIE~j}>>,. .-utt?V# ,~. r /t-c By: Is/Francis S. HalIinaPV LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 114387 ScmsDULZ ";A" 70-016923'5 AU. rHA't CElilUIli i'DlCB OR PARCEL 01" L>>lD s:n:ul\n IN 'rHE TOHSSHIl' OF ~ i'DINS801lO. 00\:JN'.rY 01" ~ AND ~D OF n:lQISYLVANtA, lIOf,JNI)IW AND DESCRIBED AS FOI.LOWS, TO ltt'!: BlaDlll1nlG AT A PODft (;If fH1Il 8OO'!HEllM ~ RIQRT-Oi'-WAY LD1E OF TORr CntCIZ AT ~ NORTHWEST CQllN&a 01' NO. 21 OM :J!HK HE.llEDUIJ"l'&R DEst:lUBED FINAL BtlBDIVIS:ION PLAN; 'rtmNCB AJ:DNG !.'U& _BDRN LIlG: or SAID LO! 1l1O. 21., SOV'1'H 03 ngGREEs 1.1. KINTJ'1'&S 12 sECONDS EAST A DI$'lANCB Oi' 87.35 n&'f ~ A PODft} ~ CCIttt'J:J1UJJI ~ THZ SAldIil, SOU'1'H 15 DJ:GlU:ES 42 MD1Dft8 27 8&CONDS WEB'.!! A. t1IS'fNCC3 OF 22 ..8 nl'f TO A PO:D1'Jl ON 'fH& ~ u:GM. lUGH'1'-()I'-JfA.r LD1E 01' 'J:n.ZR LMm (S~ Ita "tlUTCB LANE" ON 'lH& ~~ DESCR:IDED E'lJ(AL souornSION 1't.AN); 'fKEMCE lWlNG 'rUB NOR!rDRN x.BCAL lUCH!:- 0Ji'-wA!' :r.mz OF Tl'LEIl UNE ~y A CUR'iS TO ~ LEn IUl,VING A lUW:IUS oS' 160.00 FEE!!.' >>l Me l.KNGTH OF 29.74 n&T 1'0 A POIN'.I!; ~ ALONG 'rHIi: NOJI.'I'HltA8n:lUf LEGAL JUaH'f-QF-wA:!' LINE Oi' !l.'HS Df'1'IUl:CTl:ON 01' ~ DRIve (SHOWN AS "IJEI.U)(Z DRlVS" ON ~ JD:RB:INAE"rER mU1C1CtaJ:D FINAL SCBD:IV:lS:tClM I'1J\N) AND ftLER t.NUIl BY A CORVJ: 1'0 'rim lUGK~ BAVDfG A. RNlIU8 0'; 15. 00 FEE:r AN A1\C LENC!hI OF 21.40 nK'r TO A POD1'f; 'J'fQ;lIlCK ALONG THE J1ASftlQ( UlGAL lUGHT-OF- lIl'cr LD1E OJ/' ~ J)ll.XVE, NOR'.m 03 DI~S 11 K!lm'ft:S 12 Wltl~ A Dxs'!>>ra: or n. G1 FEE'! TO A. E'ODI'f; TJUmCZ ALONG ftII ~TERN UQF\X. lUGBT-OF-nY I.XNJl OF rax INTERSE~:ION OF NA.mAM OIUVE AND 'tORY CntCLE BY A CORYZ '1'0 THE IUliIrr HA.VING A lUW:roS OF 25.00 nIT AN AltC :tZN~1I OF 39.21 FEET '.rO A 1i'011lT; "I1IENCE ~ TlIlIl 80UTHIalN :u:cAX.. RICBT-OF-lQ.Y LINE or WRY CXRCLE, NOR!I.'H 815 m:GREJ:8 48 MnlO'rSS 48 SEcotlDS DS't A PISTANCE OF 24.00 1!'ZJi'! TO A. PODft M ~ ~'l: CORNI:R OF LOT NO. 21 ON T1I8 HERE~ DI'~ li'INAI. Stl'ElDIV:I:SIai PLAN, '1'H'I POINT AJm ~ Oi' Dl:CINNING. BEING LO'f NO. 22, BECT.ION 2 (It>l'rHJ: FINAL SOBDJ:V:tSION Jl~ OF LlUI1tZJ. Hlt.UI flO1CrH LOTS :3 ANI) &, DM:Jm oJONE 1, 111112, uv:tSED AUGt1ST 5, 1~92, ~ RECORDKD IN '!HE QWJ:CZ 01' 1"HiO RECORDER OJ!' DEEDS OF CUHBl:1U.7olID COUNTY, ~snV1>KIA IN PLAN BOOK 65, PACB 39. BEING :INPRI.)VUl ~TH A DWELLING! ICNOWN 1'08 1&2 TORY C~. El2ING THE SAHE PROPKRTY CONVEYED !rO oJOSlPIl 19. WHr1'E.IIICER ANt] ~ E. WH.I~R, f1U$iiNU> AND Wli'I BY DSao FlWH IAUREL R%t.t.S DI:'.IW:E.05'MI!:RT COIU'., A 1'ImN8'tLVNlrA CORPOlUt.'UON RlCOilDED 07/01/1997 :IN DEIW BOOK 160 PAGE 323. DI 'l:HI OFFXCE OF THE RE~ 01' DIID8 OF CUl1BE~ CODNn", PENNSYLV>>tIA. PROPERTY BEING: 142 TORY CIRCLE VRRIFTCA TION MARC J. HINKLE hereby states that he/she is V.P. ofCENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this marter, 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. h~ }J/.J / DATE: 31:2@~ 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, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, FIKJA CENDANT MORTGAGE CORPORATION, FIKIA PHH MORTGAGE SERVICES CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 A ITORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. JOSEPH W. WHITEAKER JANNE E. WHITEAKER 142 TORY CIRCLE ENOLA, P A 17025 Defendants CIVIL ACTION - A W COMPLAINT IN MORTGAGE F NOTICE tEASE R81J~PY 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. """~~r(f)RN~ ~~~. Cf!Y Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 tN€ hereby cert\t'l the within to be a true and correct coPY tilt; original 'fiIf}d of record File #: ] 14387 \~ ~ ?~ '-J "-.1 ~"" ~ ~I -- \.t" \.~ C"'" ~ ~ ~ . , ~\~ ~ t ~ o ~~ ~\ ~ ~ L~ ~~ i ' ~ rc~ 0 .;;.;.:> 4"\ Cf' ....',"'10 ~ -r'} _~.-r\ >:) In pc. --"'J (~~ ~-:::~ '-( :-:1#\~~)' I - ~~. < } ::.: :(~..~n ..\ ..~--... -- -::: o ":1 o ~ SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WHITEAKER JOSEPH W 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 WHITEAKER JOSEPH W was served upon DEFENDANT , at 2104:00 HOURS, on the 6th day of April at 142 TORY CIRCLE ENOLA, PA 17025 JANNE WHITEAKER, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together w th th 2005 and at the same time directing Her attention to the contents ther of. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.10 .00 10.00 .00 39.10 Sworn and Subscribed to before Ij day of ~ ~"'r me this A.D. 1-<'; - ~ Prothonotary ~ So Answers: 7"~);J&~~~t.: /~ R. Thomas Kline 04/07/2005 PHELAN HALLINAN SCHMIEG By: . SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WHITEAKER JOSEPH W 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 WHITEAKER JANNE E t e DEFENDANT , at 2104:00 HOURS, on the 6th day of A ril 2005 at 142 TORY CIRCLE ENOLA, PA 17025 by handing to JANNE WHITEAKER a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,,;/'~' .4'":~"""'.k R. Thomas Kline me this If :2_ ~ ,/ ~~ ~ ~1 prothonot::;f;-r day of fl1 ~ 04/07/2005 PHELAN HALLINAN SCHMIEG /L t1~ By: Sworn and Subscribed to before Deputy Sheriff A.D. ." . jPHELAN 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 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporattion Plaintiff Court of Common Pleas Civil Division vs. Joseph W. Whiteaker Janne E. Whiteaker Cumberland County No. 2005-1742 Defendants PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. 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: ~AUt? d~ Francis S. Hallinan, Esquire Attorney for Plaintiff 114387 " c