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Home My WebLink About06-1695PHELAN 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 TERM Plaintiff V. ? NO.O(,-((9P? S ?tu?h CUMBERLAND COUNTY FREDERICK W. BOHLS JANET C. BOHLS 3519 ADA DRIVE MECHANICSBURG, PA 17050 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 4: 130704 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 N: 130704 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: FREDERICK W. BOHLS JANET C. BOHLS 3519 ADA DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/07/2003 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. 1826, Page: 540. 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 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 #: 130704 6. The following amounts are due on the mortgage: Principal Balance $126,066.66 Interest 4,480.36 09/01/2005 through 03/21/2006 (Per Diem $22.18) Attorney's Fees 1,250.00 Cumulative Late Charges 80.74 02/07/2003 to 03/21/2006 Cost of Suit and Title Search 550.00 Subtotal $ 132,427.76 Escrow Credit 0.00 Deficit 69.66 Subtotal 69.66 TOTAL $ 132,497.42 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. 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 $132,497.42, together with interest from 03/21/2006 at the rate of $22.18 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 .(u1l I By: /s antis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 130704 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in Hampden Township, and a small triangular section of said lot situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan of Laurel Hills, Section 1, made by Buchart- Horn, Consulting Engineers & Planners, Job No. 203020, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 31, page 27, as follows, to-wit: BEGINNING at a stake on the northerly right-of-way line of Laurel Lane (formerly Fairfield Street on said Plan) at line of Lot No. 144 on the above referred to Plan; thence along the northerly right-of-way line of Laurel Lane, North 45 degrees 42 minutes 35 seconds West, 75.00 feet to a stake; thence continuing along same, by a curve to the right having a radius of 25.00 feet an are length of 39.27 feet to a concrete monument on the southerly right-of-way line of Ada Drive; thence along the southerly right-of-way line of Ada Drive, North 44 degrees 17 minutes 25 seconds East, 91.79 feet to a concrete monument; thence continuing along said line by a curve to the right having a radius of 125.00 feet an arc length of 73.63 feet to a stake at line of Lot No. 171 on the above referred to Plan; thence along the westerly line of said Lot No. 171, South 01 degree 49 minutes 16 seconds West, 116.91 feet to a stake at line of Lot No. 144 on the above referred to Plan, thence along Lot 144 S 44 degrees 17 minutes 25 seconds W 100 feet to the point and place of BEGINNING. BEING Lot No. 143; house number BEING PART of the same premises which Theresa Amster, widow and surviving spouse of the late Charles Amster, by Indenture dated November 12, 1974, recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book'W', Vol. 25, page 14, granted and conveyed unto Donald E. Meske and Hazel G. Meske, his wife; and by Agreement dated October 25, 1977, between Donald E. Meske and Hazel G. Meske, his wife (sellers) and Deluxe Development Corp., a Pennsylvania corporation (buyer), sellers and buyer entered into an Agreement of Sale and Purchase of a certain piece or parcel of land situate partly in Hampden Township and partly in East Pennsboro Township, Cumberland County, Pennsylvania, of which the above described lot is a part; and whereas, sellers and buyers have recorded a Memorandum of Agreement in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on December 27, 1977, in Misc. Book 232, page 860. The said Donald E. Meske and Hazel G. Meske, his wife, and Deluxe Development Corp., a Pennsylvania corporation, are the grantors herein. PROPERTY BEING: 3519 ADA DRIVE File 4: 130704 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 unsworn falsification to authorities. / )-k4 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: J L? OCO l C -c1 'r - w AFFIDAVIT OF SERVICE - CUMBERLAND PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION DEFENDANT FREDERICK W. BOHLS JANET C. BOHLS SERVE AT: 6601 BLUE OAKS BOULEVARD APT. 3701 ROCKLIN, CA 95765 SERVED Served and made known to JANET C. BOHLS, Defendant on the 7th day of _ 4: 50 o'clock, _P. M., at 6601 Blue Oaks Boulevard the manner described below: Rocklin, X Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Relationship is -Adult in charge of Defendant's residence who refused to give name/relatioi Manager/Clerk of place of lodging in which Defendant(s) reside(s) -Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. _ Other: Description: Age 48 Height 51 5 Weight 1 501blkace H' I, Jatm (317a a competent adult, being duly sworn according to law, depose handed to JME!t C. B3tls _ a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this _ day Of 20_. Notary: NOTSERVED On the day of , 20_, at o'clock _.M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed Before ve the day Of Ma 20DO Notary:?JT? 11A JENICE HUNDLEY i9m COMM. • 1408101 NOrARYPIll16• CAUPOR111A SACRAMENTO COUNTY Comm. Ex . MARCH 18, 2007 Phelan Hallinan & Schr Attorneys For Plaintiff Francis S. Hallinan, Esquire- Suite 1400- One Penn Center 1 Philadelphia, PA 19103-1799 (215)563-7000 (JMR) INC. 'E OF ACTION Mortgage Foreclosure Civil A tion 06-14CIVIL TERM number 130704 2006at , City in F Other state that I personally LLP at Suburban Station Q' wr??? ?-- ?-n rtes - ?= =`? astir :? - -n rr f, .. .. r j ?_, . rl ::?. ?. -n ???. ,,=t? ;:::}rte. l' C_ ? 6 f ? ?? -G SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01695 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOHLS FREDERICK W ET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BOHLS JANET C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOHLS JANET C 519 ADA DRIVE MECHANICSBURG, PA 17050 LIVES IN CALIFORNIA. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 21.00 PHELAN HALLINAN SCHMIEG 03/30/2006 Sworn and subscribed to before me this /gf? day of b L44 dVDG A. D. T Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOHLS FREDERICK W ET DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FREDERICK W the DEFENDANT , at 1609:00 HOURS, on the 29th day of March , 2006 at 3519 ADA DRIVE MECHANICSBURG, PA 17050 by handing to FREDERICK BOHLS 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: So Answers: Docketing 18.00 Service 111.44 44 Affidavit .00 Surcharge 10.00 R. Thomas Kline ' 00 39.44 03/30/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: L tv ' me this j9- day of Deputy Sheriff M w, 0-ob4 A.D. 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 I. 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 MORTGAGE ELECTRONIC Court of Common Pleas REGISTRATION SYSTEMS, INC. Plaintiff Civil Division vs FREDERICK W. BOHLS JANET C. BOHLS Defendant : I CUMBERLAND County : I No. 06-1695 PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLIN , LLP By: L ence T. Phelan., Id. No. 3222 Francis S. Hallin , sq., 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 130704 Attorneys for Plaintiff FlLEf)-;'? c -;1E i1 = z DT Y 2004 0 ',T 2 I Ill,-11 I I: C 8 t?tla' ! v