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Home My WebLink About05-5556PHELAN 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. EARL E. MAY 303A SALT ROAD ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o7C2T> SS`?7o C 1 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 Countv Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File 9 : 124567 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 Y_ 124567 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: IRWIN MORTGAGE 10500 KINCAID DRIVE FISHERS, IN 46038 2. The name(s) and last known address(es) of the Defendant(s) are: EARL F. MAY 303A SALT ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/10/2003 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. 1836, Page: 2003. 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 06/01/2005 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 #: 124567 6. The following amounts are due on the mortgage: Principal Balance $108,263.29 Interest 3,412.26 05/01/2005 through 10/25/2005 (Per Diem $19.17) Attorney's Fees 1,250.00 Cumulative Late Charges 34.41 09/10/2003 to 10/25/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 113,509.96 Escrow Credit 0.00 Deficit 498.80 Subtotal $ 498.80 TOTAL $ 114,008.76 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 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, arid/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. 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 $ 114,008.76, together with interest from 10/25/2005 at the rate of $19.17 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. PHELAN HALLINAN & SCHMIEG, LLP Sy: /s/Francis S. Flallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filek 124567 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the intersection of the northeastern side of an unnamed forty (40) foot street with the northern side of a thirty-three (33) foot right-of-way; thence along said thirty-three (33) foot right-of-way North 71 degrees 29 minutes East, a distance of one hundred fifty-three an seventeen hundredths (153.17) feet to a point; thence North 41 degrees 45 minutes West, a distance of one hundred thirty and fifty-seven hundredths (130.57) feet to the dividing line between the lot herein described and the lot immediately adjacent to the southwest; thence along said dividing line South 48 degrees 15 minutes West, a distance of one hundred forty and seventy-five hundredths (140.75) feet to the northeast side of an unnamed forty (40) foot wide street; thence along the northeast side of said unnamed street South 41 degrees 45 minutes East, a distance of seventy and fifteen hundredths (70.15) feet to the southwest side of a thirty-three (33) foot right-of-way, the point or place of BEGINNING. BEING one lot on the Plan of John L. Gutshall as prepared by D.P. Raffensperger and dated June 15, 1955. HAVING THEREON erected a brick ranch dwelling being known as 303A Salt Road, Enola, Pennsylvania. BEING the same premises which Daniel M. Abbott, Executor of the last Will and Testament of Darnell M. Jacobs, by Deed dated November 17, 1989 and recorded November 21, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 34H, Page 56, granted and conveyed unto Benjamin M. Noss, Jr. and Penney A. Noss, his wife, the Grantors herein. PROPERTY BEING: 303 A SALT ROAD File #: 124567 VERIFICATION 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 of 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 its 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 unworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: :'i? ?f ?D f' W SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-05556 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MAY EARL E R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MAY EARL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT MAY EARL E 303A SALT ROAD PA 17025 DEFENDANT IS IN BANKRUPTCY. CASE # 1-05-BK-08645MDF. ATTORNEY'S PHONE # 717-234-9478 Sheriff's Costs: So answers: Docketing 18.00 Service 14.40 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland. County .00 42.40 PHELAN HALLINAN SCHMIEG 11/07/2005 Sworn and subscribed to before me this )Gw day of dut S A. D. Prothonotary e . _... ' 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 Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff VS. Earl E. May 303A Salt Road Enola, PA 17025 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 2005-5556 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. 124567 . , ... • Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: Ato? 124567 Francis S. Hallinan, Esquire Attorney for Plaintiff d-