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Home My WebLink About02-2349FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 Plaintiff DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. CUMBERLAND COUNTY Defendant(s) fTIVII, ~TION - I,AW COMPI,AINT IN MOIlT~A~i~, leORI~,CI,OST~IlI~, **THIS FHIM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have bccn sued in Court. If you wish to defend against thc 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 7836088 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 AFYER 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. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: DAVID R. DOUGHERTY 400 BRICK CHURCH ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/22/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1685, Page 1061. By Assignment of Mortgage recorded 4/2/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 670, Page 991. 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 1/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 12/1/01 through 5/1/02 (Per Diem $17.76) Attorney's Fees Cumulative Late Charges 3/22/01 to 5/1/02 Cost of Suit and Title Search Subtotal $79,929.62 2,699.52 1,250.00 135.04 $84,564.18 Escrow Credit 0.00 Deficit 64O 3o Subtotal 51640 3o TOTAL $85,213.48 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $85,213.48, together with interest from 5/1/02 at the rate of $17.76 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. FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or piece of land, Together with the improvements thereon erected, siruate in East Pcnnsboro Township, Cumberland County. Pennsylvania, bounded and described as follows, to wit: BOUNDED on the North by a ten (l 0) feet public alley; On the East by Brick Church Road, formerly State Street; On the South by Dauphin Street; and On the West by Lot No. 2, Section "A", owned now or late by Lottie C. Dubs. BEING know as'Lot No. 1, Section "A', on Plan of Lots known as "Enola Terrace", in East Pannsboro Township, Cumberland County, Pe-nnsylvania, said Plan being recorded in the Recorder' s Office in and for Cumberland County, in Plan Book No. 1, Page 3. CONTAINING FiiYy-Four (54) feet and seven (7) inches on Dauphin Streez, and extending back along said Lot No. 2. One Hundred Fifty-Eight (158) feet and three (3) inches to said public alley; thence along said public alley a distance of Eight-Four (84) feet and six (6) inches to State Street (now Brick Church R.oad); thence along said State Street (now Brick Church Road) One Hundred Forty-Four (144) feet and five (5) inches to Dauphin Street, the place of BEGINNING COMMONLY known as 400 B(ick Church Road, Enola, P.-M 17025 BEING the same premises which Land Holding, Inc., by Deed dated October t 3, 2000, and recorded ~\' ~o, ~ 2001, in the Office of the Recorder of Deeds in and for Cmnberland County, Pennsyldania~ in Deed Book ~, Page ~ grant ed and conveyed unto Mortgage Guaranty Insurance Corporation, the Grantor herein. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and fights-of- way of record, including but not limited to the Declaration and Plats and Plans. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, fights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anyway appertaining; and the reservation and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof} AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditamems and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever, AND tl~e Grantor covenants that, except as may be herein set forth, he, she, they or it do/does and will forever specially warrant and defend the lands and premises, hereditamenls and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or any part thereof, by, from or under him, her, it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender °r number as the text of the within instrument may require Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives. successors and assigns" had been inserted after each and every such designation. IN wrrNESS WHEREOF~ the Grantor has hereunto set their hand and seal, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written, VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, 1NC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, reformation and belief. The undersigned understands that this statement is made subject to the penalties of I8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: r *,6 FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. DAVID R. DOUGHERTY Defendant(s) Court of Common Pleas CUMBERLAND County No. 02-2349 CIVIL PRAECIPE TO WITHDRAW COMPLAINT~ WITHOUT PREJUDICE ~ AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS DOUGHERTY DAVID R BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOUGHERTY DAVID R the DEFENDANT at 2040:00 HOURS, at 400 BRICK CHURCH ROAD ENOLA, PA 17025 DAVID R DOUGHERTY a true and attested copy of on the 16th day of May by handing to COMPLAINT - MORT FORE together with 2002 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 3~ day of ~ - ~ ~ A.D. ! ~rothonotary ' ! So Answers: R. Thomas Kline 05/17/2002 FEDERMAN & PHELAN By: /~ ~ ~ )eputy~heriff