Loading...
HomeMy WebLinkAbout05-1913PHELAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V, LAURA JANE KROUT A/K/A LAURA J. KROUT RICKY ALAN KROUT AIK/A RICKY A KROUT 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS --1413 O(v t CUMBERLAND COUNTY 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 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, PA 17013 (800)990-9108 Filc 4: 113474 File #'. 113474 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. N 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, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LAURA JANE KROUT AIKlA LAURA J. KROUT RICKY ALAN KROUT AIKJA RICKY A KROUT 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, On 10/27/2003 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: 1843, Page: 652. 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!0112004 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 p'. 113474 6. The following amounts are due on the mortgage: Principal Balance $138,047.98 Interest 4,46194 10/01/2004 through 04/12/2005 (Per Diem $23.01) Attorney's Fees 1,250.00 Cumulative Late Charges 167.28 10/27/2003 to 04/12/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 144,479.20 Escrow Credit 58.61 Deficit 0.00 Subtotal $- 58.61 TOTAL $ 144,420.59 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 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 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 144,420.59, together with interest from 04/12/2005 at the rate of $23.01 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 & SSCHf/MIEG, L LP By: ?fNrancts HallinaiS L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Pile #'. 113474 ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin in the center line of silver Spring Road, which point is one (3) mile east of the easterly line of Legislative Route 210018 and at the easterly line of property now or late of Charles Messinger; thence along said Messinger property, North 06 degrees 43 minutes East 560.50 feet to an iron pipe at the southerly line of property now or late of James Edinger; thence along same South 79 degrees 04 minutes East, 130 feet to an iron pin on the westerly line of property now or late of Francis H. Alien and Mildred F.L. Allen, his wife; thence along said Allen property South 06 degrees 54 minutes 30 seconds west, 574.47 feet to a spike in the said Silver Spring Road; thence along same North 72 degrees 50 minutes 30 seconds West, 130 feet to a point, the place of BEGINNING. BEING known as Lot No. 5, Silver Spring Road_ SUBJECT To restrictions as set forth in Deed Book S. Volume 15, Page 515 as aforesaid. BEING THE SAME PREMISES which Elmer E. Krout, Jr, and D. Joanne %rout, husband and wife, by their deed dated March 20. 1995 and recorded April 4, 1995 in the Cumberland County Office of the Recorder of needs in Deed Book 120, page 551 granted and conveyed to Ricky Alan Krout. PREMISES BEING: 30 SUNSET DRIVE. VERInCATION 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 hislher 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 unswom falsification to authorities. J/- Lo - W DATE: 4?6 S rv ? ? ?? ?? I `.._J -mot x^w SY}? ?i?7 ?=- ? ? C? ' y _ ?? ?, ? ?-- .? ??7?? d ?,. ;.? ?.: `: -f- ?" _? __ ?? ?? SHERIFF'S RETURN - REGULAR CASE NO: 2005-01913 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KROUT LAURA JANE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT was served upon KROUT RICKY ALAN AKA RICKY A KROUT the DEFENDANT , at 1224:00 HOURS, on the 27th day of April , 2005 at 126 GLENDALE DR MECHANICSBURG, PA 17050 by handing to ELMER KROUT, FATHER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3 n l_ day of (1 La. 2va? A. D. othonotary So Answers: , R. Thomas Kline 04/28/2005 PHELAN HALLINAN S HMIEGG By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-01913 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KROUT LAURA JANE ET AL 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 JANE AKA LAURA J KROUT DEFENDANT the at 1527:00 HOURS, on the 20th day of April , 2005 at 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 by handing to KEVIN KRAMER, ADULT IN CHARGE 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 18.00 Service 9.62 Affidavit .00 Surcharge 10.00 .00 37.62 Sworn and Subscribed to before me this 3,,4 day of YtiI.U UD A.D. Prothonotary ?! So Answers: R. Thomas Kline 04/28/2005 PHELAN HALLINAN SCHMIEG By: Deputy Sh iff SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01913 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KROUT LAURA JANE ET AL R. Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KROUT RICKY ALAN AKA RICKY A KROUT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KROUT RICKY ALAN AKA RICKY KROUT 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT 4865 CREEKVIEW ROAD MECHANICSBURG. Sheriff's Costs: So answers:-- Docketing 6.00 Service .00 ??_ Not Found 5.00 R. Thomas Ike Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 04/28/2005 Sworn and subscribed to before me this 3Ak day of A. D. w Q- ! ?l?Xkc 1Qav Pr t onotary - SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01913 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KROUT LAURA JANE ET AL R. Thomas Kli ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KROUT LAURA JANE AKA LAURA J KROUT unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT KROUT 30 SUNSET DRIVE MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT 30 SUNSET DRIVE MECHANICSBURG. Sheriff's Costs: So answers: Docketing 6.00 ` r= Service 7.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 28.40 PHELAN HALLINAN SCHMIEG 04/28/2005 Sworn and subscribed to before me this "k day of A.D. Prot ootary NOT FOUND , as to KROUT LAURA JANE AKA LAURA J 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHELAN MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs LAURA J.KROUT A/K/A LAURA JANE KROUT RICKY ALAN KROUT A/IS/A RICKY A. KROUT Defendant . I Court of Common Pleas Civil Division CUMBERLAND County No. 2005-01913 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Settled, Discontinued and Ended. Date: October 20, 2009 PHS# 113474 By: Attorney For Plaintiff , LLP Lawrence T. elan, Esq., . 32227 Francis S. )4a man, E No. 6269 Daniel G.& h sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 617 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff FlL ED-ii")., I V E 2009 OCT 1 t 11