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Home My WebLink About05-3996 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 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO, 0)- 3"i~Co c)v:,1 v. CUMBERLAND COUNTY PAMELA R. DLUZESKI IRVEN W. SECORD JANET SECORD 63 ASHFORD DRIVE ENOLA, PA 17025 Defendants 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVlDE 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 File #: 120580 File#: 120SRO 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 ESTATE. 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: WASHINGTON MUTUAL BANK 11200 WEST PARKLAND AVE MILWAUKEE WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: PAMELA R. DLUZESKI IRVEN W, SECORD JANET SECORD 63 ASHFORD DRNE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 09/02/1998 mortgagor(s) made. executed and delivered a mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. ] 481, Page: 914. By Assignment of Mortgage recorded 7/28/03 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 699, Page 4463, 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:lr. [20580 6, The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 08/02/2005 (Per Diem $12,19) Attorney's Fees Cumulative Late Charges 09102/1998 to 08/02/2005 Cost of Suit and Title Search Subtotal $61,356.38 2,230.77 1,250,00 160,66 $ 550.00 $ 65,547.81 Escrow Credit Deficit Subtotal - 229.94 0.00 $- 229.94 TOTAL $ 65,317.87 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, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $ 65,317,87, together with interest from 08102/2005 at the rate of $12,1 9 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, PI~=INAN & SCHMIEG, L~P ~) [' ~~ By: Is/Francis S. Hallinan LAWRENCE T PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff file #: 120580 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern side of Ashford Drive (50 feet wide) at the southeastern comer of Lot No. 61 on the hereinafter mentioned Plan of Lots; thence along Lot No. 61 on hereinafter mentioned Plan of Lots; thence along Lot No, 61, North 9 degrees 22 minutes 3.0 seconds West, a distance of two hundred fifty-three and ninety-two hundredths (253.92) feet to a point in Bungalow Road (50 feet unopened); thence by Bungalow Road North 88 degrees I minutes East a distance oftwenty and seventeen hundredths (20.17) feet to a point at Lot No. 59; thence by Lot No, 59 South 9 degrees 22 minutes 30 seconds East a distance oftwo hundred and fifty-one and thirty-two hundredths (251.32) feet to a point on Ashford Drive; thence by Ashford Drive, South 80 degrees 37 minutes 30 seconds West, a distance of twenty (20) feet to a point the place of BEGINNING. BEING the same premises which Melissa S. Belmont, nIb/m Melissa S, Gizzi and Zane Gizzi, her husband, by Deed dated April II, 1994 and recorded 4-12-94, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 103, Page 942, granted and conveyed unto Mark E. Morris. PROPERTY BEING: 63 ASHFORD DRIVE File #: 120580 VF.RIFTCATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiffis 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. ~ ;;]J---, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: o/~ 0i/ :', J~ () -n ::.1 "'-'. '- , c:-; i;! '" .-~ \.J:) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DELUZESKI PAMELA R ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SECORD IRVEN W the DEFENDANT , at 1945:00 HOURS, on the 22nd day of Auqust , 2005 at 947 WERTZVILLE ROAD ENOLA, PA 17025 by handing to IRVEN SECORD 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: 6.00 12.00 .00 10.00 .00 28.00 ....' ./'/' -. ,'" ?'~ ?"'r:<.,(;;,-v .. .#;...~-::;:-- )<'-'~;c~....... ''''''''''''-'''1.'''' -,,'" ",'./ 'h /;"'"'S-tl.o' . '.. .,~_ ..<;',,/ J-"t;.-~ f.-'$""'\'!...-y R. Thomas Kline 08/26/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this .1/ day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DELUZESKI PAMELA R ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SECORD JANET the DEFENDANT , at 1945:00 HOURS, on the 22nd day of Auqust , 2005 at 947 WERTZVILLE ROAD ENOLA, PA 17025 by handing to IRVEN SECORD, HUSBAND 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: 6.00 .00 .00 10.00 .00 16.00 "".". "'j --'" 1'" //;< ,r"ll'_..fi:? R. Thomas Kline 08/26/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this J ( day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DELUZESKI PAMELA R ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DLUZESKI PAMELA R the DEFENDANT , at 1458:00 HOURS, on the 25th day of August , 2005 at 63 ASHFORD DRIVE ENOLA, PA 17025 by handing to RAYMOND DLUZISKI, HUSBAND 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 12.00 .00 10.00 .00 40.00 ,_~i<) ",::"", ~ F .>.::!f~n",.6l( -;r ~ R. Thomas Kline 08/26/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: A.D. me this J-I day of '" 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. Pamela R. Dluzeski Irven W. Secord Cumberland County Defendants No. 05-3996 CIVIL 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: 'i?11l~ tD ~ I t~~!ff/.-L Attorney for Plaintiff 120580 ~ "'" <;T' 1; '" N g ? -ocr r\\ I' ;2:.. -/1. tf) .- ::< ~:. ?::.(.~~ :L-c_ 5'c 3 - ~ ~~ '8'! 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