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Home My WebLink About05-3656 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHlA,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 ~ NO. D~ -~1.s,,5b C!,uL /'ULYlt CUMBERLAND COUNTY v. SHARON Y. DARWICHE AIKI A SHARON Y. MILLER 100 DARR AVENUE CARLISLE,PA 17013 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 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 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)990-9108 File#: 119447 F\\c#: \\9447 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. I. 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: SHARON Y. DARWICHE AIKIA SHARON Y. MILLER 100 DARR AVENUE CARLISLE, PAl 7013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/2003 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 No. 1820, Page: 3094. 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 03/0 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 #: 119447 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 1/2005 through 07/18/2005 (Per Diem $19.84) Attorney's Fees Cumulative Late Charges 06/27/2003 to 07118/2005 Cost of Suit and Title Search Subtotal $68,039.18 3,333.12 1,250.00 125.52 $ 550.00 $ 73,297.82 Escrow Credit Deficit Subtotal 0.00 2,046.92 $ 2,046.92 TOTAL $ 75,344.74 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 Sheriffs 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 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 75,344.74, together with interest from 07/18/2005 at the rate of$l 9.84 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: L1N~N & SCHM;E~ LLP _ /1(t4J S. J-1tt!d1:{J/)( /s/FranclS S. Hallman L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#; 119447 LEGAL DESCRIPTION ALL THAT CERT AlN tract of land situate in North Middletown Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan of Lake view Heights Plan No.3, recorded in the hereinafter named Recorder's Office in Plan Book 9, Page 50, as follows: BEGINNING at a point on the western line of Lakeview Drive at the dividing line between Lot No. I as shown on the above mentioned Plan No.3 of Lakeview Heights and Lot No. I shown on Plan of Lakeview Heights recorded in Plan Book No.7, Page 31; thence from said point at the Place of BEGINNING along said dividing line, North 78 degrees 46 minutes West, a distance of I 74.2 feet to a point on the eastern line of Lot No.2 as shown on said Plan No.3 of Lakeview Heights; thence along the eastern line of said Lot No.2, North 11 degrees 15 minutes East, a distance of75 feet to a point along the southern line of33 feet wide Darr Avenue; thence along the said southern line line of33 feet wide Darr Avenue; South 78 degrees 45 minutes East, a distance of 127 feet to a point; thence continuing along the southern line of said 33 feet wide Darr Avenue by a curve to the right to a point on the western line of said Lakeview Drive at the Place of BEGINNING. PROPERTY BIENG: 100 DERR AVENUE Filc#: !lq441 VF,RIFWATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on 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 information supplied by Plaintiff and are true and correct to the best of his 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 falsification to authorities. ~/hL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -1~ {::l ~ 8 fY i lit t .ut "', 0 (~ ,~-:::;< -n = U( 1..-- c..n -1 -?::: c.. :I-" 0' r.:::: r11 c: -- ~ r- ". ~ -- ? D- r U) C) 5"- ~ - .~~ ..c:. !"'i': 't_:~~r~ - ..() f' \~ -- ., 'j] D- ~ e, '< ''', 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03656 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DARWICHE SHARON Y AKA SHARON Y R. Thomas Kline ,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 DARWICHE SHARON Y AKA SHARON Y MILLER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DARWICHE SHARON Y AKA SHARON Y MILLER 100 DARR AVENUE CARLISLE, PA 17013 HOUSE HAS BEEN SOLD. DEFENDANT IS LIVING IN DELAWARE. Sheriff's Costs: Docketing Service Not Found Surcharge 18,00 4.00 5.00 10.00 .00 37.00 So answ,~E";,?-- /_<~- /~/~... /~;:../ .//' R. Thomasc!line Sheriff of Cumberland . / County PHELAN HALLINAN SCHMIEG 07/27/2005 Sworn and subscribed to before me this (trl day of Iktbtl61 !Io'~~~ 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 NO. () 5 - 3~f;b C;uJ ~'02-1 CUMBERLAND COUNTY v. SHARON Y. DARWICHE AIKIA SHARON Y. MILLER 100 DARR AVENUE CARLISLE, P A 17013 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 personaJJy 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 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, PA 17013 (800)990-9108 "---- TR~E COpy r:ROM RECORD In Tos.:mony lJfhii"".,,! 'i":re I'~'n set .._ aoo .~, .' ",'''''' , , my "a"d rh~~~~':J~;I~Sle. Pa. ~:Drh;notil~ File#: 119447 File#: tl9447 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 MA Y 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 EST ATE. I. 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: SHARON Y. DARWICHE AIKIA SHARON Y. MILLER 100 DARR AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 06/27/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described 10 PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1820, Page: 3094. 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 03/0 I /2005 and each month thereafter are due and unpaid, and by the tenns 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#: tl9447 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 07/1 8/2005 (Per Diem $19.84) Attorney's Fees Cumulative Late Charges 06/27/2003 to 07/18/2005 Cost of Suit and Title Search Subtotal $68,039.1 8 3,333.1 2 1,250.00 125.52 $ 550,00 $ 73,297.82 Escrow Credit Deficit Subtotal 0.00 2,046.92 $ 2,046.92 TOTAL $ 75,344.74 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees wiJI be charged, 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 I 983, 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 tenninated 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 75,344.74, together with interest from 07/1 8/2005 at the rate of $1 9.84 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 LIN~S_H)1~~ /s/FranclS S. Hallinan L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 119447 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in North Middletown Township, Cumberland County, Pennsylvania, bounded and described in accordance with Plan of Lake view Heights Plan No.3, recorded in the hereinafter named Recorder's Office in Plan Book 9, Page 50, as follows: BEGINNING at a point on the western line of Lake view Drive at the dividing line between Lot No. I as shown on the above mentioned Plan No.3 of Lakeview Heights and Lot No. I shown on Plan of Lake view Heights recorded in Plan Book No.7, Page 31; thence from said point at the Place of BEGINNING along said dividing line, North 78 degrees 46 minutes West, a distance of 174.2 feet to a point on the eastern line of Lot No.2 as shown on said Plan No.3 of Lakeview Heights; thence along the eastern line of said Lot No.2, North I I degrees 15 minutes East, a distance of75 feet to a point along the southern line of33 feet wide Darr Avenue; thence along the said southern line line of33 feet wide Darr Avenue; South 78 degrees 45 minutes East, a distance of 127 feet to a point; thence continuing along the southern line of said 33 feet wide Darr Avenue by a curve to the right to a point on the western line of said Lakeview Drive at the Place of BEGINNING, PROPERTY BIENG: 100 DERR AVENUE File #: ]]9447 VRRIFWA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAlNTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on 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 information supplied by Plaintiff and are true and correct to the best ofms 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 falsification to authorities. ~Jk- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 7)~ ((~ \('-6' ~VJ '~-' <<~ $,f~~<&, d b I liii ~OGl zz: :z Ii; JlB:1t.~S :.' ..:J ~.., -' ""I .j:) ~ j ~lll '-'- ,,''':- . o. 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Plaintiff Court of Common Pleas Civil Division vs. Sharon Y. Darwiche Cumberland County Defendant No. 05-3656-CIVIL TERM 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. Date:~ f Francis S. Hallinan, squire Attorney for Plaintiff 1I9447 (") c ;;:: -0 OJ mr;, Z',L -;'7r" C!>;1;" -<.,.. <C ~'C~ Zi..-! $C': ~ "'" g .... :J>o c:::. G') s:- ~ ~:n ::g~ S\~ :r:-n 0-- 5~ ?5 '< .." ::J: W ,. N CD