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Home My WebLink About05-2390IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW MOREQUITY, INC. CIVIL Division PLAINTIFF Case Number: 05 -,)34(] VS JEFFREY DOYLE DEFENDANT CERTIFICATE OF LOCATION Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff 635 LEREW RD BOILING SPRINGS, PA 17007-9504 TOWNSHIP OF SOUTH MIDDLETON PARCEL No: 40110286020 Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 161 Linko Avenue Aliquippa, PA 15001 (724) 203-1201 y: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel L Mancini, Esq., PA Bar ID: 39353 161 Linko Avenue Aliquippa, PA 15001 (724)203-1201 maflcinilawfirrn@cowcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC CIVIL ACTION - LAW (T PLAINTIFF CASE NO to f _ -U96 CLUe? t VS JEFFREY DOYLE DEFENDANTS MORTGAGE FORECLOSURE CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 4`h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 161 Linko Avenue Aliquippa, PA 15001 (724)203-1201 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC. CIVIL ACTION - LAW PLAINTIFF CASENO QS -?)396 ?[v???LJ^ 1 VS JEFFREY DOYLE DEFENDANTS MORTGAGE FORECLOSURE 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 UNTI 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 OBLI ATIONS,IN THIS SUIT. aniel J. Mancini, Esq. Daniel Mancini & Associates Daniel I Mancini, Esq., PA Bar ID: 39353 161 Linko Avenue Aliquippa, PA 15001 (724)203-1201 mancinilawfirm tr comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC. CIVIL ACTION - LAW PLAINTIFF CASE NO ds _ a34o e I Uc C VS MORTGAGE FORECLOSURE JEFFREY DOYLE DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: MOREQUITY, whose address is c/o Mancini & Associates, 161 Linko Avenue, Aliquippa, PA 15001. 2, Defendant is JEFFREY DOYLE, whose last known address is 635 LEREW RD, BOILING SPRINGS, PA 17007. JEFFREY DOYLE is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, NNE 28, 2004, JEFFREY DOYLE executed and delivered a mortgage upon the premises hereinafter described to Wilmington Financial a Division of AIG Federal Savings Bank which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1871, Page 4810. Said mortgage was then assigned to MOREQUITY, INC., and was recorded at MBV 714, Page 542. This mortgage and all instruments of assignment are incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g). 4. The land subject to the Mortgage is 635 LEREW RD, BOILING SPRINGS, PA 17007-9504, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due DECEMBER 1, 2004, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance 103,045.35 Delinquent Balance, including Interest at $19.62 per them $ 7,897.55 From 12/01/04 to 05/06/05 (based on contract rate of 6.95 %) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 188.16 Suspense $ 000.00 Inspection Fees $ 0.00 Recording Fees $ 0.00 L/C Amt $ 0.00 Bad CK Fees $ 00.00 Other Fees $ 0.00 Cost of Suit and Title Search $ 500.00 Attorney's Fee $ 5.152.27 Total $ 116,783.33 ** Together with interest at the per diem rate noted above after DECEMBER 1, 2004 and other charges and costs to date of Sheriff's Sale. 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 in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on MARCH 3, 2005, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure IN REM' for the aforementioned total amount due together with interest at the rate of 6.95 % ($19.62 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. y Daniel J. Mancini, Esq. Attorney Bar: PA 39353 ET®If aAo THAT CERTAIN not of land with the impova-m theaeoo eectA ' in South Middleton Towasl ip, Comherhmd COeaty, PemmYtrWs. sta bamedcd dturfoad a fo?ows, to wk: G u a point in the meats of a VAbc, road lo"vs from Mount Rally Nx Is W Boitiat Spdags, which point is 5505 bat Hatt of UW now m bamedy WilOam S. BppW, thence by hood now ar formorlY of phduY B. Neglay wft Nor& *-V4 degas Emu, a distance of 571 filet, more or log, m ¦ poim fine of land now or famady of OWIN Mewaa; demce by said land now or ly of (rinds Mentzer, SnmA 71.114 degeel Est, a dietmco of 168.3 an an hm pin in tine aflmd now or f=mly of Meevm Etta; 0mmz by said Ind ar famtety ofMatin Eder, Soodt 46.3/4 dopm wad, a dunince of 647 m a point in the osntar time of said pubhe load. thmos by the cancer line M publle mad, North 43 degnxs Way a ttistaAee of 150 the ca a point the plane BEGINNING. C AIIi11tG 150 feet in tool m aid public red e04 amad'osg in depth the aasmn fine a digmee of 647 feet aloog the weatam line. ¦ dista m 571 fay more or lee, sad bavmg m width in the reor of 1W &d, more m B improved wilb a raidmtid dwelling imowa and nurbeted s 635 Lemw RoOA Bang Sprimp, PA 17007. Je69eyDoyk CWJ1 TTN.J UC_1 1871PG4826 ?I.alli VC'TT CP ?C0_Lm Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 161 Linko Avenue Aliquippa, PA 15001 (724)203.1201 mancinilawfir i nticomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA MOREQUITY, INC CIVIL ACTION - LAW PLAINTIFF CASE NO VS JEFFREY DOYLE DEFENDANTS MORTGAGE FORECLOSURE VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney for Plaintiff in this matter, that He 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 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. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 6th Day of May, 2005. Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 111 rl SHERIFF'S RETURN - REGULAR CASE NO: 2005-02390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS DOYLE JEFFREY 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 DOYLE JEFFREY DEFENDANT the at 1633:00 HOURS, on the 12th day of May , 2005 at 635 LEREW ROAD BOILING SPRINGS, PA 17007 THOMAS DOYLE, FATHER by handing to 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 3.70 ?J/vro?,E? / f?,a .00 77 10.00 R. Thomas Kline .00 31.70 05/13/2005 1 DANIEL MANCINI A Sworn and Subscribed to before By: me this 6-C day of ?tiL.4 .r / J0013 A.D. 'Prothonotary D Curtis R. Long prothonotary (office of tb, protbonotarr (Cumberranb aCoutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor r ?- CIVIL TERM ORDER OF TERMINATION OF COURT CASES 29TH DAY OF OCTOBER 2009 AFTER AIL - TH NOTICE VEOF AND NOW THIS INTENTION TO PROCEED ANDD ITH pRE?j? IN ACCORDANCE WITH PA CASE IS HEREBY TERMINATE R. C.P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY n.,a rn„rthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573