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Home My WebLink About05-4138 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 (2] 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1Ne. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05' -J-1/JP CUMBERLAND COUNTY C1U~C~! v. MARK E. FORGUSON DONNA 1. FORGUSON 754 MEADOW DRIVE CAMPHILL,PA 17011 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 INFORMATION ABOUT HIRING A LAWYER. II YOU CANNOT AFFORD TO HlRE 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, P A ] 7013 (800)990-9108 File #: 120573 hk-U: 120573 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 EST A TE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 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: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known addressees) of the Defendant(s) are: MARK E. FORGUSON DONNA I. FORGUSON 754 MEADOW DRIVE CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/12/2003 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: 1849, Page: 910. 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 12/01/2004 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 #: \ 20573 6. The following amounts are due on the mortgage: Principal Balance Interest 11101/2004 through 08112/2005 (Per Diem $14.12) Attorney's Fees Cumulative Late Charges 12112/2003 to 08112/2005 Cost of Suit and Title Search Subtotal $121,278.08 4,024.20 850.00 145.20 $ 750.00 $ 127,047.48 Escrow Credit Deficit Subtotal 0.00 118.64 $ 118.64 TOTAL $ 127,166.12 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 Sheriff's 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} 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 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s} in the sum of $ 127,166.12, together with interest from 08/12/2005 at the rate of$14.12 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. PHELAN HALLINAN & SCHMIEG; L~P Il/J ~:.~7~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 120573 LEGAL DESCRIPTION ALL THOSE TWO (2) CERTAIN tracts, or parcels 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: PARCEL NO 1: BEGINNING at a point on the south side of a fifty (50) foot road known as Meadow Drive, said point being south 87 degrees 20 minutes west eight hundred forty-nine and six one-hundredths (849.06) feet from the west side ofa township road known as Erford Road, as shown in the plan of lots knDwn as West Creek Hills, recDrded in the Recorder's Office in and fDr Cumberland County in Plan BODk 8, Page 4, said pDint also being south 67 degrees 20 minutes two hundred ten (210) feet from the western line ofLDt No.6 as shown in said plan Dflots; thence along line of Dther land now Dr formerly of Clyde O. Smyser and Esther Smyser, his wife, south 22 degrees 40 minutes east one hundred seventy (170) feet tD an iron pin; thence south 67 degrees 20 minutes west eighty (80) feet tD an iron pin: thence along other land now or fDrmerly of Clyde O. Smyser and Esther Smyser, his wife, nDrth 22 degrees 40 minutes west Dne hundred seventy (170) feet to an iron pin on the sDuth side of Meadow Drive; thence alDng the sDuth side of Meadow Drive nDrth 87 degrees 20 minutes east eight (80) feet tD a point, the place of BEGINNING. BEING improved with a one stDry dwelling house with attached carport knDwn and numbered as 754 MeadDw Drive. PARCEL NO.2: ALL THAT CERTAIN triangular piece of ground situate on the south side DfMeadDw Drive in the TDwnship of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of MeadDw Drive at the comer of other property now or formerly of Harris J. BaysDre and Ruth M. Baysore, his wife (Parcel ND. 1 abDve); thence alDng the line of said property nDw Dr formerly of Harry J. BaysDre and Ruth M. Baysore, his wife (Parcel No. I abDve): south 22 degrees 40 minutes east, Dne hundred seventy (170) feet to an irDn pin: thence south 67 degrees 20 minutes west ten (10) feet tD an iron pin: thence along the line of other land now Dr fonnerly Df Clyde O. Smyser and Esther Smyser, his wife, nDrth 19 degrees 18 minutes west, one hundred seventy and twenty-nine hundredths (170.29) feet to a pDint on the south side Df Middle Drive, the place ofBEGlNNING. BEING the same premises which Harris J. Baysore, by his Deed dated 23 July 1993, and recorded in the Recorder Df Deeds Office in and for Cumberland County, Pennsylvania, in Deed BDDk K, Volume 38, at Page 1075, granted and cDnveyed onto RudDlph S. Clemens, Jr., also known as RudDlph Swartz Clemens, Jr., the decadent whDse Estate is the GRANTOR herein. PREMISES: 754 MEADOW DRIVE ile H: i20573 VERIFICATION Robert Lelli hereby states that he/she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION 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 unsworn falsification to authorities. / /: DATE: fflMs- -.to. '{ ~\t ';A _ -t: ...:t. \rt ~ ~ IS- ~ J::. ()- -.e: tf1 C> -J l(- E r '----- ~ \?" '@. ~- G"J .- V' --v'~,,_: \::'~; (' " {~' ?;'C' ~ -g;(~i ,:};.~,({ >~ <;.;;. ~~ -<- \~~ 's'=b ____\-R. ~_\.-:Q qn t)0"' .:A .~ <.il ;;<. ()' ~ 'jl:. " q SHERIFF'S RETURN - REGULAR CASE NO: 2005-04138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FORGUSON MARK E ET AL BRIAN 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 FORGUSON MARK E the DEFENDANT at 1657:00 HOURS, on the 29th day of August 2005 at 754 MEADOW DRIVE CAMP HILL, PA 17011 by handing to ALLISON FORGUSON, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.00 .00 10.00 .00 40.00 r~~ R. Thomas Kline 08/30/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this !J day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-04138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FORGUSON MARK E ET AL BRIAN 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 FORGUSON DONNA I the DEFENDANT , at 1657:00 HOURS, on the 29th day of August , 2005 at 754 MEADOW DRIVE CAMP HILL, PA 17011 by handing to ALLISON FORGUSON, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -P'~~~"",,~~ A~~-F ~ ~ "J . R. Thomas Kline 08/30/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this oLl day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-04174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS CLOTFELTY CRAIG A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLOT FELTY CRAIG A the DEFENDANT , at 1944:00 HOURS, on the 29th day of Auqust , 2005 at 714 MEADOWBROOK ROAD CARLISLE, PA 17013 by handing to CRAIG A CLOT FELTY a true and attested copy of COMPLAINT & NOTICE 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 4.00 .00 10.00 .00 32.00 r'~~'~4df3U' . , R. Thomas Kline 08/30/2005 STOCK & GRIMES Sworn and Subscribed to before By: 1/ ~ ~___ Deputy S e ff me this J. { day of .D. . . 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 Eectronic Regiistration Systems, Inc. Plaintiff A TTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. Mark E. Forguson I>onnaI. Forguson Cumberland County Defendants No. 05-4138 CIVIL TERM PRAECIPE TO THE PROTHONOT AR Y: 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: &"t"t Ill, FranCiSl~sq1fJ;~ Attorney for Plaintiff 120573 C') ....., = ~ c: a:: ;;::: ;:g lX' ". ~iJ! rt,n, C -;;>--,., G") ",,"-....- 21" -O~ CI)~" -.l ::rJ -<. ~,. 9:.> ~c' --0 -:r:-r; ,"J"..',,,,,, c:.>::!J 2:'- .' :x -,-0 -;p:c r::? olTt C 3 -~ (J1 ~ -, -./