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Home My WebLink About06-0829PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. b2695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215} 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION TERM ^^~t NO. c.J~o - d' oC~ CUMBERLAND COUNTY SUSAN L. HODGES 1810 PINE STREET CAMP HILL, PA 17011 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 Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800}990-9108 File H: 130400 v 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) DAY5 AFTER YOU RAVE 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 #: 130400 1. Plaintiffis PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: SUSAN L. HODGES 1810 PINE STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/21/1999 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. 1571, Page: 1095. 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 10/01/2005 and each month thereafrer 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. Pile #: 130400 6. The following amounts are due on the mortgage: Principal Balance $95,953.48 Interest 2,307.13 09/01/2005 through 02/08/2006 (Per Diem $14.33) Attorney's Fees 1,250.00 Cumulative Late Charges 177.78 09/21/1999 to 02/08/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,238.39 Escrow Credit 0.00 Deficit 174.31 Subtotal ~ 17431 TOTAL $ 100,412.70 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 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 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. 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 $ 100,412.70, together with interest from 02/08/2006 at the rate of $14.33 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/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File $~. 130400 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land siutate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an 'X' in concrete, the point of intersection of the southern line of Pine Street and the line of adjoiner of Lots Nos. 2 and 3, Block'D', on the hereinafter mentioned Plan of Lots, being 342.5 feet West of Holly Drive by the southern line of Pine Street; thence South 11 degrees 6 minutes East by said line of adjoiner for a distance of 176.21 feet to a point; thence North 77 degrees 11 minutes 40 seconds West for a distance of 87.51 feet to a point; thence North I I degrees 6 minutes West for a distance of 140.75 feet by the eastern line of Lot No. 4, Block'D' on the said Plan to the southern line of Pine Street; thence North 78 degrees 54 minutes East by the southern line of Pine Street for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 3, Block'D' on the Plan of Lots of Cedar Village as recorded in the Recorder of Deeds office in and for Cumberland County, Pennsylvania, on April 23, 1959, in Plan Book 10, Page 25, and improved with aone-story brick dwelling known as 1810 Pine Street. BEING the same premises which Roy M. Gorin and DeDe G. Gorin, his wife, by deed dated July 27, 1961, and recorded in said Recorder's Office in Deed Book G20, Page 1124 granted and conveyed unto Albert M. Day and Eva K. Day, his wife. The said Albert M. Day died on January 21, 1979, thereby vesting title solely in the name of Eva K. Day, the Grantor herein. Pursuant to the Power of Attorney dated February 4, 1997, and to be recorded herewith, Marie B. Conrad is signing this deed as attorney-in-fact for the said Eva K. Day, also known as Eva Kendall Day. PROPERTY BEING: 1810 PINE STREET File H: 130400 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. Sea 4904 relating to unswom falsification to authorities. ~ ~.1~e~- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: u ~~ j` N ~ .~ ~ , ~~ ~ I`C'J w V --J ~` ~~ r.~ f ~; ~, ~~. ~,-~ r i ~r :< SHERIFF'S RETURN - REGULAR CASE NO: 2006-00829 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS HODGES SUSAN L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HODGES SUSAN L the DEFENDANT at 1853:00 HOURS, on the 27th day of February 2006 at 1810 PINE STREET CAMP HILL, PA 17011 SUSAN HODGES by handing to 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 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 Sworn and Subscribed to before me this .,Z/.a.~ day of /t1.9.i.e.QJ (~ A . D . Protho ary So Answers: R. Thomas Kline 02/28/2006 PHELAN HALLINAN SCHMIEG By: Deputy S eriff 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 15) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Susan L. Hodges Plaintiff Defendant(s) vs. PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-829 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. r i Date: ~ ~ C>7 ~---- ----_-__ F ancis S. Ha linan, Esquire Attorney for Plaintiff PHS# 130400 C? C y ~ --•= s= t --r~ -~ --- ~ ~ / jy) ..-`~ ~ ~ .-, ~ v?~ 1" '. ~~ ~ -'-~fi„ t-' ~~ ~~ )S `..-.. :~ K+^ APQTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 CAPITAL ONE BANK Plaintiff, vs. TERRIEVERETT Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-00829 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, CAPITAL ONE BANK and against Defendant, TERRI EVERETT, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on March 1, 2007 by the CUMBERLAND Sheriff s Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on APRIL 10, 2007, and also attached hereto. Assess damages in the amount of: (a) Balance: $3,976.33 (b) Interest from February 02, 2007 $66.11 (c) Minus payments of $150.00 TOTAL $3,892.44 APOTHAKER & ASSOCIATES, P.C. Attorn s or Plaintiff A Law Firm E~1d in Debt CQllectio~ By: Dated: 5/16/2007 . Apothaker Our File No.: 89504 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TERRI EVERETT 950 ORCHARD AVE LOT 37 CAMP HILL, PA 17011-6824 CAPITAL ONE BANK Plaintiff, vs. TERRIEVERETT Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-00829 Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, ESQ. at this telephone number: 215-634-8920 APQTHAI~ER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorney for Plaintiff CAPITAL ONE BANK ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.: 2007-00829 TERRIEVERETT ) Civil Action Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 950 ORCHARD AVE LOT 37 CAMP HILL, PA 17011-6824. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the inquiry indicated that the Defendant(s) is/are not Manpower Data Center has sent back our military. David J:7~pothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center f Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAY-16-2007 10:25:11 * Last Name First/Middle Begin Date Active Duty Status Service/Agency EVERETT TERRI Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/16/2007 ~POThIAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. TERRIEVERETT 950 ORCHARD AVE LOT 37 CAMP HILL, PA 17011-6824 Defendant. N0.2007-00829 NOTICE OF INTENTION TO TAKE DEFAULT TO: TERRI EVERETT DATE OF NOTICE: April 10, 2007 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 ~~i DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 Our File No.: 89504 ~ w ~ti~Y ~3' ~i{~ERIaAIC~ 1J E'~J.~T'T TERRA ~'At729T ~~;Cr~SI., Sheriff f e~~ Deputy Shers ~ e~~ ~urc~serlancl Gt~~nt~r, Pennsl~xania, why being dull sarn accc~xding tc~ ? aw, says, the within CC?MPL.~Z~7T & N~}'~ICE~ was served u~a~rri ~ZE"",'" TERRA the D.~ r E?~~~AI;7'I'` a c"~ ~ ~s {)'~l : l~ ~~~ p C3T<"i the ~. S j~ ~~~ ~i~ Marsh r ~ t~ ~ 7 ..~ E'Z .L1:i.,E /. ~. ~.. 1' ~ ~. ~. ^ ~3 ~ 2 ~ ~?' haT1.:C~$.1 T1~ ~ ~1 a true ~.nd atteste~3 copy of CL}~iP~A,TT & IdC'~'~C ~~5~`W~1~'T' S.+.F1.th end at the same time ~reetia~g Her attenta~an tc~ the cc~nte~ats thez~aa?~ . Sheriff"s ~c~sts v~~.;~~~.in c' ~"Sf1 Ge ~ ~ da~ri. S~,rcharge Scs Arz~wers l8 . C} (D ~, 4.4{1 r~r' .~ `~ , ,~'~'''" . t~ f1 ~2.4D a3/~15/2~1C17 ~i~'C7TI~iAKR & ASSaCIAT'E Sworn and Sc~bscibed to before me rhi ~°~ ; day rah A. ~. p ~~~y Sher. ~ ~' '`~ ~:~ ..., _lA` J ~ 1 `~ ~ h ~~~r~ WVVV , - ~ ~y~ rl--' n ~ ~ `_: r, ~~a