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Home My WebLink About05-4258 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 I 5) 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. 0'S - t{)6-~ ~ CUMBERLAND COUNTY v. LINDA S. KNECHT 1424 TIMBER BROOK DRIVE MECHANICSBURG, P A 17050 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 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 SeD/ice Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 120322 File #: 120322 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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 ATE. I. 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: COUNTRYWIDE HOME LOANS, INe. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LINDA S. KNECHT 1424 TIMBER BROOK DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor( s) and real owner(s) of the property hereinafter described. 3. On 0 1 /30/2003 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1794, Page: 2396. 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 04/0 1/2005 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 #: 120322 6. The following amounts are due on the mortgage: Principal Balance Interest 03/0112005 through 08118/2005 (Per Diem $15.17) Attorney's Fees Cumulative Late Charges 01/3012003 to 08118/2005 Cost of Suit and Title Search Subtotal $85,688.45 2,594.07 1,250.00 109.72 $ 550.00 $ 90,192.24 Escrow Credit Deficit Subtotal - 690.97 0.00 $- 690.97 TOTAL $ 89,501.27 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. 8. Notice of Intention 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, andlor 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 89,501.27, together with interest from 08/18/2005 at the rate of $15.17 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: P~~AN H LlNAN & SCHM~/.r: : .2&0 ~ /ittp~(J/( IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 120322 LEGAL DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 1480 (the 'Unit') of Timber Chase II, A Townhome Condominium (the 'Condominium') located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase II, a Townhome Condominium (the 'Declaration of Condominium') and Declaration Plats and Plans recorded in the Office of the Recorder of Deeds in Miscellaneous Book 573, Page 35 and Right of Way Plan Book II, Page 139 respectively, together with any and all amendments thereto. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration of Condominium, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. THE GRANTEE, for and on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for maintenance, repairs, replacements and other expenses in cOlmection with the Common Elements, and the Limited Common Elements appurtenants to said Unit, as may be assessed against him, her, them, it or said Unit, from time to time by the Executive Board of the Timber Chase II Condominium Association in accordance with the Uniform Condominium Act of Pennsylvania, and further covenants and agrees that the Unit conveyed by this Deed shall be subject to a lien for all amounts so assessed except insofar as Section 3407( c) of said Uniform Condominiwn Act may relieve a subsequent Unit Owner of liability for prior unpaid assessments. This covenant shall run with and bind the Unit hereby conveyed and all subsequent owners thereof. BEING the same premises which Carl J, Dennis, single individual, by his Deed dated April 16, 2001, and recorded on April 18, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 242, Page 1007, granted and conveyed unto William G. Stockman, Jr., single individual, and Ashley B. Boyanowski, single individual, now known as Ashley B. Sockman, Grantors herein. PROPERTY BEING: 1480 TIMBER BROOK DRIVE File #: 120322 VERIFICATION DAVID SUNLlN hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, 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 ofhisfher 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. d DATE: zs/qjs' I / ~~~ s~;J c-- 4, ~ .....:::. ~. S ~ ~ ,\ c./' c;..l (') c, ref, 'fA ~~. (;':"". G'-) -- u:> t;> ';2 --- (f0 Q. ~\~ -",'3 ~n"1_ >c')c) ~,'~(~ ':;~ ()('J , ~ " \'-'(\ t}., ~ ?:- ,.,-""'" -- -- -- \"" ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04258 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KNECHT LINDA S 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 KNECHT LINDA S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KNECHT LINDA S 1480 TIMBER BROOK DRIVE MECHANICSBURG, PA 17050 DEFENDANT DOES NOT RESIDE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answer~~ /_/~_/~:// -p~'~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 08/31/2005 Sworn and subscribed to before me this J. ( day of ~f~ ~ ~.D. ~_ ,rolf1fP7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS KNECHT LINDA S CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KNECHT LINDA S the DEFENDANT , at 1945:00 HOURS, on the 30th day of August 2005 at 1424 TIMBER BROOK DRIVE MECHANICSBURG, PA 17050 by handing to LINDA S KNECHT 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 10.40 .00 10.00 .00 38.40 /?./' /~ ~~~~.&--d R. Thomas Kline 08/31/2005 PHELAN HALLINAN SCHMIEG me this J-I day of q By: (7:4- '/ ~y Sher' f Sworn and Subscribed to before A.D. .. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. : Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Linda S. Knecht Defendant(s) No. 05-4258 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: IJ~u)o7 ! ! PHS# 120322 -'1 I C< t___C :;.".... .\:- ::<: c~