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Home My WebLink About05-3520 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE. SUITE 350 MCLEAN. VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v, NO, OS - .:J.r~6 (!;ud.. ~'tfl-yY- RICHARD L. PICKEN 257 ROXBURY ROAD NEWVILLE, PAl 7241 CUMBERLAND COUNTY 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 SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 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)990-9 I 08 Filc#: 119130 File #: 119130 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) MA Y 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 VERIFICA TION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DA YS 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 MA Y OBTAIN AN EXTENSION OF THA T 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 820] 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: LITTON LOAN SERVICING, 1Ne. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2, The name(s) and last known addrcss(es) of the Defendant(s) are: RICHARD L. PICKEN 257 ROXBURY ROAD NEWVILLE, PAl 7241 who is/are the mortgagor( s) and real owner(s) of the property hereinafter described. 3, On 08/12/2004 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: 1878, Page: 2961. 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 0 I /0 I /2005 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#: 119130 6, The fOllowing amounts arc due on the mortgage: Principal Balance Interest 12/01/2004 through 07/07/2005 (Per Diem $25,96) Attorney's Fees Cumulative Late Charges 08/12/2004 to 07107/2005 Cost of Suit and Tille Search Subtotal $144,097,23 5,685,24 1,250,00 273,72 $ 55000 $ 151.856,19 Escrow Credit Deficit Subtotal 0.00 0,00 $ 0,00 TOTAL 7, The attorney's fees set forth above are in confonnity 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. $ 15],856,19 8, Notice of Intention to Foreclose as set forth in Act 6 of I 974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1 983, 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 tenninated because Defendant(s) haslhave 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] 974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in [ffi) Judgment against the Defendant(s) in the sum of$ 151,856.] 9, together with interest from 07/07/2005 at the rate of$25,96 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, By: PHELAN HALLINAN & SCHMIEG, LLP ~)ii2-- 7s/Francis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 119/30 I,EGAI, DESCRIPTION TRACT NO, I: ALL TIIA T CERTAIN tract ofland situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as shown on a survey for Elam S. Fisher, prepared for Thomas Alvin Neff. Registered Surveyor, bounded and described as follows, to wit: , BEGINNING in the center of Legislative Route 21001 at the Southwest comer of the herein-described premises; THENCE leaving said road and crossing over an iron pin 20 feet from the center of said road, North 46 degrees 40 minutes West, 200,00 feet to an iron pin; THENCE North 42 degrees 20 minutes East, 200,00 feet to an iron pin; TIIENCE South 46 degrees 40 minutes East. 200,00 feet to a spike, having passed over an iron pin 20 feet from the center of said road; THENCE in and along the center of said Legislative Route 2100 I. South 43 degrees 20 minutes West, 200,00 feet to the Point of BEGINNING, CONTAINING ,918 of an acre, TRACT NO, 2: ALL THA T CERTAIN tract ofland situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described pursuant to a Survey by Thomas A. Neff; Registered Surveyor, dated August 22, ] 975, and approved by the Planning Commission of Cumberland County in 1975, as follows: BEGINNING at a spike in the center ofPennsy]vania Highway Route No. 944 (also known as L.R. 21001) at a comer of other land now or late of Elam S. and Florence G, Fisher: THENCE by the center of said Road, South 43 degrees 20 minutes West, 20 feet to a spike; THENCE by land now or late ofWilJiam B. and Anna S. Fisher, North 46 degrees 40 minutes West, 280.62 feet to an iron pin; THENCE by the same, North 36 degrees 20 minutes West, 385.64 feet to an iron pin; THENCE by the same, North 43 degrees 20 minutes East, 280,83 feet to an iron pin; THENCE by the same South 46 degrees 40 minutes East, 660.00 feet to a spike in the center of the public road aforesaid; THENCE by the center of said road, South 43 degrees 20 minutes West, 130 feet to a spike; THENCE by said other land now or late of Elam S. and Florence G, Fisher, North 46 degrees 40 minutes West, 200.00 feet to an iron pin; THENCE by the same, South 43 degrees 20 minutes West, 200,00 feet to an iron pin; THENCE by the same, South 46 degrees 40 minutes East, 200,00 feet to the place of BEGINNING, Containing 4.083 acres EXCEPTING THEREFROM ALL THAT CERTAIN piece or parcel of land lying, situate and being in the Township of Lower Mifflin, County of Cumberland, bounded and described as follows, to wit: BEGINNING in centerline of State Route 997 at an existing Parker Kalon nail; thence along centerline of P A 997 South forty-three (43) degrees thirty-one (3 I) minutes, thirty-nine (39) seconds West one hundred eight and thirty-nine hundredths (108.39) feet to a railroad spike; thence along tract #2 now or formerly of Richard Picken, of which this lot was formerly a part, North forty-six (46) degrees thirty-nine (39) minutes thirty-one (31) seconds West three hundred one and seventy-eight hundredths (30].78) feet to an iron pin; thence continuing along Tract #2 North forty-three (43) degrees thirty-one (3 I) minutes thirty-nine (39) seconds East one hundred eight and thirty-nine hundredths (l 08.39) feet to an iron pin; thence along lands nor or formerly of John X. Wright South forty-six (46) degrees thirty-nine (39) minutes thirty-one (31) seconds East three hundred one and seventy-eight hundredths (30 1.78) feet to the place of beginning. CONTAINING 0.7509 acres. BEING part of the same premises which Joseph B. Fisher and Mary K. Fisher, his wife, by Indenture dated March 29, 1990 and recorded at Carlisle in the County of Cumberland on March 30, ] 990 in Deed Book 34-M, Page 210, granted and conveyed unto Richard L. Picken and Eleanore R. Picken, his wife, in fee, PREMISES: 257 ROXBURY ROAD File #: 1/9130 VF.RTFTr.A TTON Lisa Raggs-Harris hereby states that he/she is FORECLOSURE SPECIAUST of LITTON LOAN SERVICING LP 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 unsworn falsification to authorities. cf!~;L C~ ~r - ~~A~ DATE: ~ ~ ( J XJ (::l "<t t- t ~ ~ ~ .c: CIl e CJ.J () ....., t = 0 ~ C::) <.," -n ~ (,- ::;1 W c: 1-- fii:D - r- -r:lm N ~,;J LJ i c") I ~:-!(~ :~~ ,--T ".','" ~)f~ ';;' 5 1.5rn -~~\ ~-1 -< ..r::- :':.;] co -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03520 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PICKEN RICHARD L MICHAEL 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 PICKEN RICHARD L the DEFENDANT , at 1938:00 HOURS, on the 15th day of July at 257 ROXBURY ROAD , 2005 NEWVILLE, PA 17241 by handing to RICHARD L PICKEN 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 9.60 .00 10.00 .00 37.60 r~~~ R. Thomas Kline Sworn and Subscribed to before 07/18/2005 'HELAN 2::,-"G By: ~~ Deputy Sheriff me this 2:L~ day of ()0,;1::~ nulj'.JA~ Prothonotary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22120 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. No. 05-3520 CIVIL TERM RICHARD PICKEN 257 ROXBURY ROAD NEWVILLE, P A 17241 Defendant DEFENDANT'S ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Defendant, Richard Picken, by and through his attorneys, Freeburn & Hamilton, who files the following Answer to the Plaintiff's Complaint: 1. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph #1 of the Complaint as to who will be or is the owner of the legal title to the mortgage that is the subject of this action and who is the owner of the entire beneficial interest in the mortgage. Strict proof thereof is demanded. 2. Admitted in part and denied in part. Admitted the Defendant's last known address as identified in Paragraph #2 of the Complaint is correct. Denied the Complaint accurately describes or identifies Defendant's property. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph #2 of the Complaint concerning the description of the Defendant's property. Strict proof thereof is demanded. 3. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph #3 of the Complaint as to the date any mortgage was executed and as to the alleged recording information for any such mortgage. Strict proof thereof is dem:mded. 4. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph #4 of the Complaint related to the description of the Defendant's premises subject to Plaintiffs mortgage. Strict proof thereof is demanded. 5. Denied. Denied that Defendant failed to make all payments of principal and interest from January 1, 1005 and each and every month thereafter. After reasonable investigation the Defendant is without knowledge or information sufficient to fOlm a belief as to the truth of the allegations contained in Paragraph #5 of the Complaint. Strict proof thereof is demanded. The allegations in Paragraph #5 also contain conclusions of law to which no response is required. Insofar as a response may be required, those allegations are denied 6. Denied. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph #6 of the Complaint as to the correct outstanding balance, interest, applicable late charges, if any, and any and all other sums which may be owed by Plaintiff to DtJendant. Strict proof thereof is demanded, The allegations in Paragraph #6 also contain conclusions of law to which no response is required. Insofar as a response may be required, thos(: allegations are denied 7. The allegations in Paragraph #7 ofthe Complaint contain conclusions oflaw to which no response is required. Insofar as a response may be required, this allegation is denied. 8. Denied. Denied that a "Notice ofIntention to Foreclose" as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant 1to Act 91 of 1983, as amended in 1998, and/or a "Notice of Default" were sent to the Defendant. Defendant was not provided and did not receive the "Notice of Intention to Foreclose" or the "Notice of Default." Denied that the Defendant haslhad failed to meet with the Plaintiff or an authorized consumer credit counseling agency. No such offer or request was made. Deni,:d that the Defendant was denied assistance by the Pennsylvania Housing Finance Agency. Defendant was not directed by Plaintiff to seek assistance from the Pennsylvania Housing Finance Agency. 9. The allegations in Paragraph #9 of the Complaint contain conclusions oflaw to which no response is required. Insofar as a response may be required, this allegation is denied. WHEREFORE, Defendant, RICHARD L. PICKEN, respectfully requests that this Honorable Court enter judgment in his favor, and against Plaintiff. Respectfully submitted, By: tep en A. Sc eider, Esqui~ LD. No. 78077 4415 North Front Street Harrisburg, P A 17112 (717) 671-1955 Dated: ~f~ Attorney for Defendants VERIFICATION I hereby verify that the statements 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, Dated: ? --30:=>- LL/ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Defendant's Answer to Complaint in Mortgage Foreclosure has been duly served on the following this the 30th day of August 2005, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia,PA 19103 Richard L. Picken 257 Roxbury Road Newville, PA 17241 FREEBURN & HAMILTON 1 f;; By: St en . Schneider, Ulre Attorney J.D. #78077 4415 North Front Street Harrisburg, l' A 17110 (717) 671-1955 Ex!. #5 (") ,...., 0 = c = -n . =' ':t'i"' ~"J c:: G'~) fl1p:.. (,,') -pnl :rJY 0 ()('-" """ ~~:-;,~ ( -~ ~5r11 ~~;, ,i "- :._l 0) :iJ -< c..Jl Co( 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 Richard 1. Picken Defendant( s) No, 05-3520 Civil Term 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:~ ~(M ~11dt Francis S. Hallinan, Esquire Attorney for Plaintiff -..,