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Home My WebLink About06-1515PHELAN 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. LEE C. ARMSTRONG MICHELE E. ARMSTRONG A/K/A MICHELE ETHEL ARMSTRONG 315 CENTER STREET ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / NO. /?(a /5 Ltf/c? c 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 County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Bile #: 132082 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. Pile #: 132082 I . Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LEE C. ARMSTRONG MICHELE E. ARMSTRONG A/K/A MICHELE ETHEL ARMSTRONG 315 CENTER STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/10/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1891, Page: 2532. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2005 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 #: 132082 6. The following amounts are due on the mortgage: Principal Balance $102,290.53 Interest 3,537.46 10/01/2005 through 03/15/2006 (Per Diem $21.31) Attorney's Fees 1,250.00 Cumulative Late Charges 144.04 12/10/2004 to 03/15/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 107,772.03 Escrow Credit -1,382.32 Deficit 0.00 Subtotal $- 1,382.32 TOTAL $ 106,389.71 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, 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. 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 $ 106,389.71, together with interest from 03/15/2006 at the rate of $21.31 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 #: 132082 LEGAL All those TWO (2) certain pieces or parcels of land situate in the Township of East Pennsboro County of Cumberland and State of Pennsylvania, bounded and described as follows, to writ: TRACT # 1- BEGINNING at a point in the western line of Center Street 280.8 feet South of the Southwest corner of the intersection of a forty (40) feet wide Street with Center Street; THENCE westwardly along the southern line of Lots No. 61 and No. 62, on the hereinafter mentioned Plan of Lots, 619.8 feet to a point in the eastern line of Penn Street; THENCE southwardly along the eastern line of Penn Street 70 feet to a point in the northern line of Lot No. 66; THENCE eastwardly along the northern line of Lot No. 66 and No. 65, 622.75 feet to a point in the western line of Center Street; THENCE northwardly along the western line of Center Street 70.2 feet to a point, the place of BEGINNING. BEING Lots No. 63 and 64 in the Plan of Lots known as West Enola Acres, said Plan being recorded in the Office for the Recorder of Deeds of Cumberland County in Plan Book 3, Page 22. HAVING THEREON ERECTED a one and one-half story frame dwelling. Known as 315 Center St., Enola, PA. BEING THE SAME premises which GALEN H. & THELMA M. FISHER, husband and wife, by their deed dated September 12, 1962, and recorded in the Office of the Recorder of Deeds in Deed Book'Q', Vol. 20, Page 702, granted and conveyed unto CARL H. ARMSTRONG and RUTH E. ARMSTRONG, his wife. TRACT # 2- BEGINNING at a point on the West side of Center Street, Plan of West Enola Acres, said point being the Southwest corner of property now or formerly of CARL H. ARMSTRONG and RUTH E. ARMSTRONG, his wife; THENCE at right angles in a westerly direction, a distance of 622 feet, more or less, to the East side of Penn Street; THENCE southwardly along the East side of Penn Street, a distance of 70 feet, more or less, to a point; THENCE eastwardly and parallel to the northern line a distance of 625 feet, more or less, to the West side of Center Street; THENCE northwardly along the West side of Center Street 70 feet, more or less, to the place of BEGINNING. BEING LOTS Nos. 65 and 66 on Plan of West Enola Acres, said plan being recorded in the Recorder of Deeds Office at Carlisle, Pennsylvania in Plan Book 3, Page 22. BEING THE SAME premises which CARL H. ARMSTRONG and RUTH E. ARMSTRONG, his wife, received from MAUDE H. BRINTON, widow woman, by deed dated September 29, 1960, as will more fully appear in the Recorder of Deeds Office of Cumberland County in Deed Book'V', Vol. 22, Page 665. PROPERTY BEING: 315 CENTER STREET File #: 132082 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. Sec. 4904 relating to unworn falsification to authorities. ? /cc- FRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff ? r- DATE: J ?J c CY Sy; i' z -cz ? G ? - . : . r un c SHERIFF'S RETURN - REGULAR % CASE NO: 2006-01515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ARMSTRONG LEE C ET AL 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 ARMSTRONG LEE C the DEFENDANT , at 1803:00 HOURS, on the 27th day of March , 2006 at 315 CENTER STREET ENOLA, PA 17025 MICHELE E ARMSTRONG 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 day of ?s1 a2eD4 A. D. So Answers: R. Thomas Kline E 03/29/2006 PHELAN HALLINAN SCHMIEG By. epu eriff Prothonotary A 1? CASE NO: 2006-01515 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ARMSTRONG LEE C ET AL CPL. TIMOTHY RETIZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMSTRONG MICHELE E AKA MICHELE ETHER ARMSTRONG the DEFENDANT , at 1803:00 HOURS, on the 27th day of March , 2006 at 315 CENTER STREET ENOLA, PA 17025 MICHELE E ARMSTRONG 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this I9`l day of 7lte„ a2eo4 A. D. So Answers: R. Thomas Kline 03/29/2006 PHELAN HALLINAN SCHMIEG By: - - Dep y Sheri Prothonotary 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff vs LEE C. ARMSTRONG MICHELE E. ARMSTRONG A/K/A MICHELE ETHEL ARMSTRONG Defendant : I Court of Common Pleas : I Civil Division : CUMBERLAND County : I No. 06-1515 CIVIL TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLINAN ,ZZP By: Lawrence T. Phel s . No. 2227 Francis S. Hall' sq., Id. No. 62695 Daniel G. S ieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 132082 Attorneys for Plaintiff Pµ r.,nTAPY t 2009 OCT 2 ( E„I I I rat ? t