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HomeMy WebLinkAbout05-6390PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC 8201 GREENSBORO DRIVE, SUITE 350 CIVIL DIVISION MCLEAN, VA 22102 TERN[ Plaintiff V. NO. OS CUMBERLAND COUNTY BART A. TROUT TERESA TROUT 508 HERMAN AVENUE LEMOYNE, PA 17043 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. 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, PA 17013 (800)990-9108 File #: 120524 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 DEBTOR 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 #: 120524 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: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: BART A. TROUT TERESA TROUT 508 HERMAN AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described On 07/21/2004 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: 1874, Page: 4713. 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 04/01/2005 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 N: 120524 6. The following amounts are due on the mortgage: Principal Balance $96,534.23 Interest 6,171.84 03/01/2005 through 12/13/2005 (Per Diem $21.43) Attorney's Fees 1,250.00 Cumulative Late Charges 170.64 07/21/2004 to 12/13/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 104,676.71 Escrow Credit 0.00 Deficit 118.22 Subtotal $ 118.22 TOTAL $ 104,794.93 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. & 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, 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) 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 $ 104,794.93, together with interest from 12/13/2005 at the rate of $21.43 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 By: s ?- s SHalli-c LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 120524 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, being Lot No. 64 and the western one-half of Lot No. 65, Section 'D', on the Plan of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Deed Book'C', Volume 11, Page 589, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Herman Avenue, said point located 57.5 feet measured westwardly along the southern line of Herman Avenue from the southwest corner of Herman Avenue and Fifth Street; thence in a southerly direction through the center of the partition wall of a double two and one-half story frame dwelling house, a distance of 150 feet to Plum Alley; thence along the northern side of Plum Alley, a distance of 52.5 feet to a point on the dividing line between Lot Nos. 63 and 64 on said Plan; thence along said dividing line in a northerly direction, a distance of 150 feet to a point on the southern side of Herman Avenue; thence in an easterly direction along the southern side of Herman Avenue, a distance of 52.5 feet to a point, the place of BEGINNING. HAVING thereon erected the western one-half of a double two and one-half story frame dwelling house known as 508 Herman Avenue, Lemoyne, Pennsylvania. BEING the same premises which Donald M. Whipple and Mary M. Whipple, husband and wife, by deed dated February 27, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 173, Page 54, granted and conveyed unto Jeffrey A. Niblett and Julie A. Niblett, husband and wife, and Kenneth W. Niblett, Grantors herein. PREMISES: 508 HERMAN AVENUE File #: 120524 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 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. See. 4904 relating to unworn falsification to authorities. DATE: l I 4w- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Leo • .^ SHERIFF'S RETURN - REGULAR CASE NO: 2005-06390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS TROUT BART A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE TROUT BART A was served upon the DEFENDANT , at 1830:00 HOURS, on the 20th day of December , 2005 at 508 HERMAN AVENUE LEMOYNE, PA 17043 BART A TROUT by handing to 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 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 43.36 Sworn and Subscribed to before me this 11? day of 7uYC A. D. F onot Y y So Answers: R. Thomas Kline 12/21/2005 PHELAN HALLINAN SCHMIEG ), j?,. Deputy Sh f -? SHERIFF'S RETURN - REGULAR a CASE NO: 2005-06390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS TROUT BART A ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROUT TERESA the DEFENDANT at 1830:00 HOURS, on the 20th day of December , 2005 at 508 HERMAN AVENUE LEMOYNE, PA 17043 by handing to TERESA TROUT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. 4 Pr not y So Answers: R. Thomas Kline 12/21/2005 PHELAN HALLINAN SCHMIEG Deputy She f P$ELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 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 Court of Common Pleas REGISTRATION SYSTEMS, INC. Plaintiff Civil Division vs CUMBERLANDCounty BART A. TROUT No. 05-6390 CIVIL TERM TERESA TROUT PHS# 120524 Defendant 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 complaint and mark the action discontinued and ended without prejudice. r - Date: October 15, 2008 rands Hallinan Attorney for Plaintiff C.7 iv b ?,. C7l > CJ PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 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 Court of Common Pleas REGISTRATION SYSTEMS, INC. Civil Division Plaintiff CUMBERLAND County vs No. 05-6390 BART A. TROUT TERESA TROUT PHS# 120524 Defendant 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. Date: October 22, 2008 0 Fr n c i s S. Hallman Attorney for Plaintiff m-aY ? 7, t"t'"