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Home My WebLink About05-1807 PHELAN HALLINAN & SCHMIEG, LLP l..AWRENCE 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM Clull~~ v. NO. OS"' -fP67 CUMBERLAND COUNTY GEORGE A. VAUGHN, III AIKJ A GEORGE A VAUGHN FRANCES T. VAUGHN 3606 GOLFVIEW DRIVE MECHANICSBURG, P A 17050 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, hy 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 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 Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9]08 File#: \14615 File#: 1146]5 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. L Plaintiff is MORTGAGEELECTRONlC 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: GEORGE A. VAUGHN, III A/KI A GEORGE A VAUGHN FRANCES T. VAUGHN 3606 GOLFVIEW DRIVE MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/20/2002 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: 1786, Page: 5024. 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 12/01/2004 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#: 114615 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2004 through 04/04/2005 (Per Diem $21.15) Attorney's Fees Cumulative Late Charges 11/20/2002 to 04/04/2005 Cost of Suit and Title Search Subtotal $128,653.84 3,278.25 1,250.00 194.88 $ 550.00 $ 133,926.97 Escrow Credit Deficit Subtotal -1,369.64 0.00 $- 1.369.64 TOTAL $ 132,557.33 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention 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 daters) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave 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 amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 132,557.33, together with interest from 04/04/2005 at the rate of$21.15 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. PHELAN HALLINAN & SCHMIEG, LLP ..~r/~ By: ,/;s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: ] 14615 ALL 'fIIAT ~ PIECE. OR PAP.CI:L 01' LAlID SI'1'T.IA5, LYING MID BE~ tK '1'RI. TONtI'8J1IP OP 1IANPDDl, IN TIlE COI:IMTY OF ~1 t.lm ~ ~tllXALTB ~ PB1Gt8n.VANZA. HOQ PAM%Q'Wan.y BOUNDED AND D&SClUPED AS I"OLLCNS = BEGJlrIN:[IfG A'J: A l"Ontt ON 'tfIE NOIt'ZH SIC& OF Q01.i'VIEW DRrYi:. aun I'OIm SEDlG ALSO A DIS'U.IICE OF 320.04 FBa':r DB'! 01' ~ IN'!ER8EC:rtON OJ' ~ trlES!' SIDE OF DN2' DRIVE AND THE HORtiI SIDE OF GOLi'VIEW Da:tYZ; THDICIl. BY TIll )IOR'fR Sz:DZ OB' Q'JUVIEW DlUVE BY A CUINB. '1'0 ~ LEn IUlVDiG A RADIUS OF 590. 00 I'&ZT, AN Me: Y..DICl'l'II or $16.00 fEET 'to .A. l'Q:IN"I.' M LINE 05' I.01! R). 380; THENCE In: 8AHE HOa'rB. 11 m;,cmu:.a 30 HDNDS 1~ ae0ND8 Wl,B'1' 110.00 FEE!! TO A 1ODft' Ar LAND OE IIMtPDEH sQuAllJi; ftI&lqC& BY S>>JZ NOUH 7.5 ~8 21 MINtJftS 4Sl s&COtrID8 :u.e!' 11'_~3 nE.'.l '!O A PO~ AS' :t:~ 01' LOT NO. 318; 'nIKNCB BY SAHli 8Ou:rH 02 Dzaacaa 10 Mn1Oft8 51 SECONDS BAST 125. 80 nE'I 'rO TIlE PLACE OF BEGlNNING. CotftAINnlQ :12 ,264. SQOARIl: ttE':r. BEING "'UYl! NO. 379, FINAL 8tJBDInstQf PLAN tIO. J, .IaJo!POKN SQUARE, MCOIm&D nI PLQI BOOJC 43, PAGE 1.19. JD:DtG THE SAHIili i'ROl'Ii:A.n CCJtqYJntJ 'to QCORaIr. A. w.oGmI, III AND FRIoNCES T. ~, KI.5 W1:n:. BY ~ IRCM aII.;1. lCEZ1.IY, 8~ MAN UCOlltlCD 01i/25/1996 IN DEED .BOOK z31 PAGIli :228, Df rHIii OUICK 01' ':rHP.: 1U!i~ 01' DUOS 01" ~ COOMTY, PENNSYL.VANJ:A. ~ 10' lO-17~1037~101 PREMISES BEING: 3606 GOLFVIEW DRIVE. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PlaintifT in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtaincd within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon infornlation 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. ~~~~<. ~ ran cis S. Hallinan, Esquire Attorney for Plaintiff DATE: L;J--I--O 5 G'> 4Cl. ~~ IJ( ~ Y\ '+- 2:.. Ul - -- ~ r \" - ~ "'::> -a ~ -.() ?=- ~ U1 """ QS f ~ ~ ,~ () c -, 1..-'_" ~.":,~. i../' -< ~~,. ~~ \ii '<:- 2 ~ <= <'.:.~'" ,.,. -,:} ~ 1 '" -Q ::;: 1"-' .' 8 ~ 9.,"" ~~'~- :D I::::';', .-t~-:- '\::-.;, L-!n bin :c.\ ~ '-< -' --- A- ^r"~f'r~! u ~ UIt~:JII\d,tL MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-1807 CIVIL TERM GEORGE A. VAUGHN, Ill, A/K/ A GEORGE A. VAUGHN AND FRANCES T. VAUGHN, : Action in Mortgage Foreclosure Defendants DEFENDANT FRANCES T. VAUGHN'S. ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this ~ay of April, 2005, comes the Defendant, Frances T. Vaughn, by her attorney, Diane G. Radcliff, Esquire, and files this Answer to Plaintiffs' Complaint as follows: 1. Admitted. It is admitted that Plaintiff is Mortgage Electronic Registration Systems, Inc. and that Plaintiff is or will be the owner of legal title to the mortgage that is the subject of this action, and nominee for Countrywide Home Loans, Inc., which is the owner of the entire beneficial interest in the mortgage. 2. Admitted in Part and Denied in Part. It is admitted that Defendant, Frances T. Vaughn's address is 3606 Golfview Drive, Mechanicsburg, PA 17050. It is denied that Defendant, George A. Vaughn, III a/k/a George A. Vaughn's address is 3606 Golfview Drive, Mechanicsburg, PA 17050. On the contrary, it is averred that the address of the Defendant, George A. Vaughn, III a/k/a George Vaughn is 3523 September Drive, Apt. 6, Camp Hill, PA 17011. It is admitted that the Defendants are the mortgagors and real owners of the property described in Plaintiff's Complaint. 3. Admitted. It is admitted that on November 20,2002 mortgagors made, executed and delivered a mortgage upon the premises described in Plaintiff's Complaint to Plaintiff and that the mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1786, Page 5024. 4. Admitted. It is admitted that the premises subject to said mortgage is described as attached to Plaintiff's Complaint. 5. Denied. Defendant, Frances T. Vaughn, is without knowledge or information - 1 - sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 5 of Plaintiff's Complaint that the mortgage is in default because monthly payments of principal and interest upon said mortgage and due December 1, 2004 and each month thereafter are due and unpaid and that the entire principal balance and all interest due are collectible, and said averment is therefore denied. Defendant demands proof thereof at the trial of this case, if relevant. 6. Denied. Defendant, Frances T. Vaughn, is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 6 of Plaintiff's Complaint that the amount due on the mortgage is $132,557.33, and said averment is therefore denied. Defendant demands proof thereof at the trial of this case, if relevant. 7. Denied. Defendant, Frances T. Vaughn, is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 7 of Plaintiff's Complaint that the attorneys fees set forth in Paragraph 6 of Plaintiff's Complaint are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a thirty party purchaser at Sheriff's Sale and that if the mortgage is reinstated prior to Sale, reasonable attorney's fees will be charged, and said averment is therefore denied. Defendant demands proof thereof at the trial of this case, if relevant. 8. Denied. Defendant, Frances T. Vaughn, is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 8 of Plaintiff's Complaint that 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 payment, as applicable, have been send to the Defendant on the date set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant has failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has been denied assistance by the Pennsylvania Housing Finance Agency, and said averment is therefore denied. Defendant demands proof thereof at the trial of this case, if relevant. By way of further Answer, it is averred that Defendant, Frances T. Vaughn, timely filed for assistance, has not been denied that assistance, and the temporary stay has not yet terminated. 9. Denied. Defendant, Frances T. Vaughn, is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 9 of Plaintiff's Complaint that the action does not come under Act 6 of - 2- 1974 bec ause the original mortgage amaunt exceeds $50,000.00, and said averment is therefore denied. Defendant demands proof thereof at the trial of this case, if relevant. WHEREFORE, Defendant, Frances T. Vaughn, requests this Honorable Court to deny Plaintiff's request for an in rem judgment against Defendants as prayed for in Plaintiff's Complaint. C IFF, ESQUIR \ 3448 Trin e Ro d Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Frances T. Vaughn - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. F ANCES T. VAUGHN Date: '1,1 g /o_S-- I - 4 - CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on ~ /9 ' 2005, served a true and correct copy of the foregoing Answer to Plaintiff's Complaint upon Francis S. Hallinan, Attorney for the Plaintiff, by mailing same by first class mail, postage prepaid, addressed as follows: Francis S. Hallinan, Esquire PHELAN, HALLINAN & SCHMIEG, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 ~ ~o,~ I ~.' .. C F, ESQLHR~ Q448 Trinc!J.e Road Camp RTIl, PA 17011 Supreme Court 10 # 32112 Attorney for Defendant, Frances T. Vaughn r--~.) ,;...;,. C:-.) '~:...'l ,~) -n .,:1 ;1\ :-..", r') C) r..) , i,l -J " :< SHERIFF'S RETURN - REGULAR CABE NO: 2005-01807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS VAUGHN GEORGE A III ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VAUGHN GEORGE A III AKA GEORGE A VAUGHN the DEFENDANT , at 1954:00 HOURS, on the 22nd day of April 2005 at 3523 SEPTEMBER DRIVE APT 6 CAMP HILL, PA 17011 by handing to GEORGE A VAUGHN 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 11.10 .00 10.00 .00 39.10 -~~t.~'&"'d' ~ ~r ,. -...v ~..- "'.~''C ~ ~ R. Thomas Kline me this -to..' :,- day of 04/25/2005 j) PHELAN HALLIN,AN SCHMIEG ~ By: /~11)j~) Deputy Sheriff Sworn and Subscribed to before ~.... .:JiW{ A.D. ~ () . ( . "~ - ~~) # ) rothonotary , SHERIFF'S RETURN - REGULAR . .- CASE NO: 2005-01807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS VAUGHN GEORGE A III ET AL 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 VAUGHN FRANCES T the DEFENDANT , at 1906:00 HOURS, on the 13th day of April at 3606 GOLFVIEW DRIVE , 2005 MECHANICSBURG, PA 17050 by handing to FRANCES VAUGHN 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 9.62 .00 10.00 .00 25.62 <;-r;/ ~ ~"'~"".. ..~.._..,- '7~ -' ,;:~....:.<;_:>.~" c__" R. Thomas Kline /""'7 j;J.-~-:.:~," ,,," ."'~~-.,R' "".'/~ ~.....k~',__Jr ','~ Sworn and Subscribed to before 04/25/2005 PHELAN HALLINAN.. CCHM~. .' By: Ci~~ )/ / Deputy riff me this 3 ",.,,,-- day of ~. J(J-<J,~ ,/ \ l ~~~ () lv.,p'P.. Prothonotary A.D. .~ , PHELAN 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 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County George A. Vaughn, III, alkla George A. Vaughn Frances T. Vaughn Defendant(s) No. 05-1807 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. 0-'~ /I~ Date:~ Francis S. Hallinan, Esquire Attorney for Plaintiff .'" .-----...-. ~ ~ ce, .-",? ~ - e,.,j ~ .-t -:C-n (\' r: ?f)q '~:30 -,c....,-i _k -;'1 (:J -- _,..0 t)f\\ .~ J.? ."" '2, :D" ::> - - o e,...) --------------- PHELAN 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, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County George A. Vaughn, III, a/kJa George A. Vaughn Frances T. Vaughn Defendant(s) No. 05-1807 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. /T~ /I~ Date:~ Francis S. Hallinan, Esquire Attorney for Plaintiff ..._----<- o ~. ~ c:::> = c..n <- c::: z:. .._-~ (f w ~ -;E: - - ~ .-4 ::t:-n rn-- hi ~j.-Lj ,0 "\ qo ::? ::F i .,-,c. ..D \_~O ;':<-rl1 Q .'-l :;,. ::!l Cl W