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Home My WebLink About05-3674PHELAN 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. MICHAEL D. TRITT A/K/A MICHAEL D. TRIPP 1 FORESTRY RD SHIPPENSBURG, PA 17257-9683 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.C7S -,3?7y ?lvt? (?,2w1 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 File 4 : 119358 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. File# 119358 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: CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL D. TRITT A/K/A MICHAEL D TRIPP 1 FORESTRY RD SHIPPENSBURG, PA 17257-9683 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/15/2002 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: 1794, Page: 3140. 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 03/01/2005 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 #' 119358 6. The following amounts are due on the mortgage: Principal Balance $100,240.52 Interest 3,228.96 02/01/2005 through 07/18/2005 (Per Diem $19.22) Attorney's Fees 1,250.00 Cumulative Late Charges 137.04 07/15/2002 to 07/18/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 105,406.52 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 105,406.52 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 105,406.52, together with interest from 07/18/2005 at the rate of $19.22 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: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN H INAN & SCHMI File: 119358 LEGAL DESCRIPTION ALL that certain lot or piece of ground, with a two-story frame dwelling house and other buildings thereon erected known and numbered as 598 Walnut Bottom Road, Shippensburg, situate on the South side of the Walnut Bottom Road, in the Village of Lees Cross Roads, Southampton Township, Cumberland County, Pennsylvania, between lot now or late of Hugh Rebuck on the East and the farm late of Adam Reese, now or late of Ethel Reese on the West, at the intersection of the said Walnut Bottom Road with the road leading to the P. & R. R., (mown as 'Railroad Street'. BEGINNING at a point in the center line of the Walnut Bottom Road, being Route 9174; thence along said center line two hundred ten and five-tenths (210.5) feet to the intersection of the center line of the Walnut Bottom Road with the West line of the said Strohm Road; thence along said Railroad Street, South eleven (11) degrees East, one hundred eighty- five (185) feet to a post; thence by the existing fence line along line of land now or formerly of the Cumberland County Industrial Development Authority in a westerly (corrected from previous erroneous direction in prior deed of easterly) direction, one hundred seventy (170) feet to a post; thence along line of lands now or formerly of Ethel Reese by a fence line in a northwesterly (corrected from previous erroneous direction in prior deed of northeasterly) direction thirty-four (34) feet to a post; thence by the same along said fence line in a northerly direction, one hundred twenty-six (126) feet to a point in the center line of the Walnut Bottom Road, a place of BEGINNING. BEING the same real estate which Kathleen Green Shazes, Executrix of the Estate of Palmer L Green, and Kathleen Green Shazes, Executor of the Estate of Julia G. Green, dated May 01, 1981, and recorded in Deed Book 'K', Volume 29, Page 21, granted and conveyed to Paul E. Ocker and Emma Jane Ocker, his wife, Grantors herein. PREMISES: 598 WALNUT BOTTOM ROAD File #'. 119359 PAMELA F. SNOOTS, hereby states that he/she is ASST. SECRETARY of CITIMORTGAGE, 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 his/her 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. PAMELA F. SNOOTS, ASST. SECRETARY DATE: l ` (4 r v -69 uZ ?n r, r SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03674 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS TRITT MICHAEL D AKA MICHAEL D 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 TRITT MICHAEL D AKA MICHAEL D TRIPP but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named DEFENDANT , TRITT MICHAEL D AKA MICHAEL D TRIPP , 598 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257- ADDRESS PROVIDED IS VACANT. Sheriff's Costs: So answerer. - Docketing 6.00 _ -? Service .00 Affidavit .00 z R. Thomas Yeline Surcharge 10.00 Sheriff of Cumberland County NOT FOUND RETURN 5.00 21.00 PHELAN, HALLINAN & SCHMIEG 08/18/2005 Sworn and subscribed to before me this day of ?ylezo 64- A.D. Sl Pr onota CASE NO: 2005-03674 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS TRITT MICHAEL D AKA MICHAEL D DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE TRITT MICHAEL D AKA MICHAEL D TRI DEFENDANT was served upon the , at 0019:10 HOURS, on the 17th day of August , 2005 at 1 FORESTRY RD PENSBURG, PA 17257-9683 by handing to MICHAEL TRITT a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscribed to before me this day of ?C4W J&J? A.D. Prot ota y So An ? 2 R. Thomas Kline 08/18/2005 PHELAN, HALLINAN & SCHMIEG By: Deputy Sheriff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 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 vs MICHAEL D. TRITT Defendant : I Court of Common Pleas : I Civil Division CUMBERLANDCounty No. 05-3674 PHS# 119358 PRAECIPE TO THE PROTHONOTARY: 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. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 29, 2008 -? Francis Hallinan Attorney for Plaintiff f"`?', fly„? ?' Curtis R. Long Prothonotary (Office of toe i9rotoonotarp Cumberrantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor b.N CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573