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Home My WebLink About05-5627 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE ]400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K1A CENDANT MORTGAGE CORPORATION, F/K1A PHH MORTGAGE SERVICES CORPORATION 3000 LEADEN HALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. oS .-5'U7 (!;u;L~~ v. CUMBERLAND COUNTY JOSEPH W. WHITEAKER JANNE E. WHITEAKER 142 TORY CIRCLE 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 l.A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS 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, P A 17013 (800)990-9108 File#: 124579 File #: 124579 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 ESTATE. 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K1A CENDANT MORTGAGE CORPORATION, F/K1A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name( s) and last known address( es) of the Defendant( s) are: JOSEPH W. WHITEAKER JANNE E. WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF whieh mortgage is reeorded in the Offiee of the Reeorder of CUMBERLAND County, in Mortgage Book No. 1390, Page: 935. 4. The premises subjeet to said mortgage is deseribed as attached. 5. The mortgage is in default beeause 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 prineipal balance and all interest due thereon are eollectible forthwith. File #: 124579 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2005 through 10/28/2005 (Per Diem $21.1 7) Attorney's Fees Cumulative Late Charges 06/27/1997 to 10/28/2005 Cost of Suit and Title Search Subtotal $90,988.02 3,831. 77 1,250.00 120.52 $ 550.00 $ 96,740.31 Eserow Credit Deficit Subtotal 0.00 357.09 $ 357.09 TOTAL $ 97,097.40 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 reinstatcd prior to the Sale, reasonable attorney's fecs will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Aet 91 of 1983 beeause the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 97,097.40, together with interest from 10/28/2005 at the rate of $21.1 7 per diem to the date of Judgment, and other eosts and charges collectible under the mortgage and for the forcclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMtEG, LLP ~ ~ 7~ / By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124579 LEGAl, DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of~way line of Tory Circle at the northwest corner of No. 21 on the hereinafter deseribed Final Subdivision Plan; THENCE along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East a distance of87.36 feet to a point; THENCE continuing along the same, South 15 degrees 42 minutes 27 seconds West a distanee of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as 'Duteh Lane' on the hereinafter deseribed Final Subdivision Plan); THENCE along the northern legal right-of-way line of Tyler Lane by a eurve to the left having a radius of 180.00 feet an arc length of29.74 feet to a point; THENCE along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as 'Deluxe Drive' on the hereinafter deseribed Final Subdivision Plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; THENCE along the eastern legal right-of-way line of Nathan Drive, North 03 degrees 11 minutes 12 seeonds Wcst a distance of61.81 feet to a point; THENCE along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right having a radius of 25.00 feet an arc length of 39.27 feet to a point; THENCE along the southern legal right-of-way line of Tory Circle, NOIth 86 degrees 48 minutes 48 seconds East a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described Final Subdivision Plan, the point and plaee of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the Final Subdivision Plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5,1992, and recorded in the Office of the Reeorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING IMPROVED with a dwelling known as 142 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Eleetrie service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff prOVISIOns. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North Lots 3 and 4, Section 2, Section 3, Section 4 and Seetion 5, East Pelillsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994, and recorded in the Otlice of the Reeordcr of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568 BEING PART OF THE SAME PREMISES WHICH Mid State Devclopmcnt, Ine., by its deed dated December 22,1986 and recorded in the Office of the Reeorder of Dceds of Cumberland County, Pennsylvania, in Deed Book J, Volume 32, Page 987, granted and conveyed unto Laurel Hills Development Corp., the Grantor herein. File #: 124579 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby sfafes fhat he is attorney for Plainfiff in this matfer, thaf Plainfiff is outside the jurisdiction ofthe court and or fhe verification could not be obtained within the time allowed for the filing of the pleading, fhat he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the stafements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are frue and correct fo the best of ifs knowledge, informafion and belief. Furthermore, it is counsel's intenfion fo substifufe a verificafion from Plaintiff as soon as it is received by counsel. The undersigned understands thaf fhis statement is made subject fo the penalties of 18 Pa. C. S. Sec. 4904 relafing fo unsworn falsificafions to authorities. ~ s: 7-JJiL Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: J D 12:61()~ 0~ -p if; VI, *- :we U\ J:::. 'm 4 ~ \) ::i) \) W r..... _..) t ~ r=- ~ ----:r- (r., c) '. . -~\ 9 , SHERIFF'S RETURN - REGULAR CASE NO: 2005-05627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS WHITEAKER JOSEPH W ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEAKER JOSEPH W the DEFENDANT , at 2022:00 HOURS, on the 8th day of November, 2005 at 142 TORY CIRCLE ENOLA, PA 17025 by handing to JANNE WHITEAKER, WIFE 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 13 .44 .00 10.00 .00 41.44 ~.,- ,/"j".o~(17' _.;/~,--, '-",.-t.,." ..." ....~ R. Thomas Kline /1 e me this '" day of 11/09/2005 PHELAN HALLINAN SCHMIEG. . .1 By: cj1A~ k ) &i Deputy Sheriff Sworn and Subscribed to before A.D. Prot ary, ~ \ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05627 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS WHITEAKER JOSEPH W ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEAKER JANNE E the DEFENDANT , at 2022:00 HOURS, on the 8th day of November, 2005 at 142 TORY CIRCLE ENOLA, PA 17025 by handing to JANNE WHITEAKER 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: 6.00 .00 .00 10.00 .00 16.00 4~ ,,~"'_.~q;~ R. Thomas Kline Sworn and Subscribed to before me this /1.'2::.- day of .~ J" a~~D Frothon ry 11/09/2005 PHELAN HALLINAN SCHMIEG By De~~r~td 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 PHH Mortgage Corporation, flk/a Cendant Mortgage Corporation, flk/a PHH Mortgage Services Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Joseph W. Whiteaker Janne E. Whiteaker Defendant( s) No. 05-5627 C.T. 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 complainf and mark the action discontinued and ended without prejudice. Date: ~( ;s::?2&tfdJ J: ~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 124579 " .-' _.~'" .-- C'