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HomeMy WebLinkAbout06-5132 ~ PHELAN 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 139813 PHH MORTGAGE CORPORATION F!KIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 (., - -S~ /3:J.. Cu:::J -r-::.... CUMBERLAND COUNTY v. AMY 1. POTICHER AfKIAAMY J. GARDNER JAMES V. POTICHER, JR. 20 WEST HlGHLAND AVENUE ENOLA, P A 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 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 MAYBE 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 #: 139813 . File #: 139813 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. . 1. Plaintiff is PHH MORTGAGE CORPORATION F!KIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The narne(s) and last known address(es) of the Defendant(s) are: AMY 1. POTICHER AfKIA AMY 1. GARDNER JAMES V. POTICHER, JR. 20 WEST HlGHLAND AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/28/2004 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 Book: 1868, Page: 1929. Said mortgage was modified as set forth in the modification agreement dated 06/26/2006 , in Mortgage Book No. 728 ,Page 1235 . 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 05/0112006 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 #: 139813 . 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2006 through 08/31/2006 (Per Diem $28.46) Attorney's Fees Cumulative Late Charges OS/28/2004 to 08/31/2006 Cost of Suit and Title Search Subtotal $134,786.15 4,354.38 1,250.00 145.23 $ 550.00 $ 141,085.76 Escrow Credit Deficit Subtotal TOTAL 0.00 472.82 $ 472.82 $ 141,558.58 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 Sheriff's 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $ 141,558.58, together with interest from 08/31/2006 at the rate of $28.46 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. PHEL ALLINAN & SCH}i';9..i3?' ~t7U.d /r/~f#< ' By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139813 . LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northerly line of West Highland Avenue at line ofland now or late ofIsrael G. Wertz; thence along land now or late ofIsrae1 G. Wertz, North 09 degrees 45 minutes West, 142.7 feet to a stone; thence along land now or late of George Miller, North 82 degrees East, 147.2 feet to a point; thence along land now or late of Russell Wilson, South 07 degrees 45 minutes East 85 feet, more or less to a point on the northern line of West Highland Avenue; thence along the northern line of West Highland Avenue, South 58 degrees 45 minutes West, 155 feet, or or less, to a point, the place of BEGINNING. HAVING THEREON ERECTED a one-story brick and frame dwelling house and garage known and numbered as 20 West Highland Avenue, Enola, Pennsylvania. BEING THE SAME PREMISES which Daniel L. Prutzman and Yvonne L. Prutzman, by their deed to be recorded simultaneously herewith in the Office ofthe Recorder of Deeds of Cumberland County, granted and conveyed unto James V. Poticher and Amy J. Poticher. File #, 139813 . VF.RTFICA TION 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 fi1ing 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. J/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: gh/ /6 I , (') ...., = 0 ~ r~ = {: "'" -n ~ f" en ':"C r rr1 -'OJ rn ::n r e J I -om ,)0 V\ <-;j(S (jj :E;;: r" -'-I .-,- ".,'. C', .-;.;... \':;;2(;":; >Q '\-> ~ S' (jrn ..., '" ~ .... .. VOl J::" C" \>l ~ '..11 .< " ~ 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 f/kJa Cendant Mortgage Corporation, d/b/a ERA mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Amy J. Poticher, aJkla Amy J. Gardner James V. Poticher, Jr. Defendant( s) No.06-5132-C.T. 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. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: cr/Zr/tt I I ~t2/1/t)r CJfll/{ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 139813 --------- n ~;: ~ % o s:. \ .- .... ~ -::; -n 4f"':: \'~\"f') :~)~, G~~;?\ ~-d\ ~ -..-<::, '0 .' (..0<'\ d> SHERIFF'S RETURN - REGULAR { ctSE NO: 2006-05132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS POTICHER AMY J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon POTICHER AMY J AKA AMY J GARDNER the DEFENDANT , at 0018:55 HOURS, on the 12th day of September, 2006 at 20 WEST HIGHLAND AVENUE ENOLA, PA 17025 by handing to AMY POTICHER a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sworn and 18.00 13.20 .00 10.00 .00 41. 20/ loJD '1(O(,,~ Subscibed to So Answers: ?""~~~ R. Thomas Kline Sheriff's Costs: Docketing Service Affidavit Surcharge 09/13/2006 PHELAN, HALLINAN & SCHMIEG before me this day B~Jc~~ Deputy Sheriff A.D. of SHERIFF'S RETURN - REGULAR { .... CASE NO: 2006-05132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS POTICHER AMY J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon POTICHER JAMES V JR the DEFENDANT , at 0018:55 HOURS, on the 12th day of September, 2006 at 20 WEST HIGHLAND AVENUE ENOLA, PA 17025 by handing to AMY POTICHER a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sworn and Subscibed 6.00 .00 .00 10.00 .00 16.00/ }%tt/171. ~ to So An~:Ji:Ji' n ~~p~~~:< Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline 09/13/2006 PHELAN, HALLINAN & SCHMIEG before me this day ~-t-' L~~ Deputy Sneriff of A.D.