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Home My WebLink About06-6070PHELAN 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 141599 COUNTRYWIDE HOME LOANS INC., FOR THE BENEFIT OF THE PURCHASER, MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MISHA J. SPERAW, A/K/A MISHA ZEIGLER, A/K/A MISHA SHUMAKER, A/K/A MISHA DOWDY, A/K/A MISHA DOUGHTY 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O7 - (o C) 7C) ? 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 File #: 141599 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 #: 141599 Plaintiff is COUNTRYWIDE HOME LOANS INC., FOR THE BENEFIT OF THE PURCHASER, MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MISHA J. SPERAW, A/K/A MISHA ZEIGLER, A/K/A MISHA SHUMAKER, A/K/A MISHA DOWDY, A/K/A MISHA DOUGHTY 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1761, Page: 2861. By assignment recorded 12/17/04 the MORTGAGE was assigned to PLAINTIFF, which is recorded in Book No. 713 Page 4213. 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 05/01/2006 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 #: 141599 6. The following amounts are due on the mortgage: Principal Balance $85,570.32 Interest 3,308.16 04/01/2006 through 10/09/2006 (Per Diem $17.23) Attorney's Fees 1,250.00 Cumulative Late Charges 121.75 05/30/2002 to 10/09/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 90,800.23 Escrow Credit 0.00 Deficit 776.09 Subtotal $ 776.09 TOTAL $ 91,576.32 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 91,576.32, together with interest from 10/09/2006 at the rate of $17.23 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. PHELA LLINAN & SCHMIEG, LLP g 01C By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141599 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ON the South by Locust Street, on the East by lot now or formerly of George Watson, on the north by Stouffer Alley and on the west by lot now or formerly of E.M. Slothour. CONTAINING in front on said Locust Street, twenty-five (25) feet, and in depth ninety-seven (97) feet, more or less. BEING located on the north side of East Locust Street, being a two story brick dwelling house known and numbered as 33 East Locust Street, Mechanicsurg, Pennsylvania. BEING the same premises which Lynn M. Fleisher, now by reason of marriage, Lynn Fleisher Estricher and Lary D. Estricher, her husband, by Deed dated December 23, 1999 and recorded December 30, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 214, page 81, granted and conveyed unto Marie D. Clark, Grantor herein. BEING known as 33 EAST LOCUST STREET, MECHANICSBURG, PA 17055 PARCEL # 17-23-0565-024 File #: 141599 O 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 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. DATE: ID?O / /AO V FRANCIS S. HAMNAN, ESQUIRE Attorney for Plaintiff ZNI a cJ SHERIFF'S RETURN - REGULAR CASE NO: 2006-06070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS SPERAW MISHA J ETC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPERAW MISHA J AKA ZEIGLER AKA SHUMAKER AKA DOWDY AKA DOUGHT the DEFENDANT , at 2010:00 HOURS, on the 1st day of November-, 2006 at 33 EAST LOCUST STREET MECHANICSBURG, PA 17055 MISHA DOWDY 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: So Answers:' Docketing 18.00 Service 5.28 000-,?? Affidavit . 00 Surcharge 10.00 R. Thomas Kline .00 33.28,/ 11/02/2006 PHELAN HALLINAN SCHMIEG 4- Sworn and Subscibed to By: before me this day Deputy S iff of A. D. 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 Attorney For Plaintiff COUNTRYWIDE HOME LOANS INC., FOR THE BENEFIT OF THE PURCHASER, MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY Plaintiff vs MISHA J. SPERAW AWA MISHA J. DOUGHTY A/K/A MISHA J. ZEIGLER A/K/A MISHA J. SPERAW DOWDY AWA MISHA J. SHUMAKER Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 2006-6070 TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLINA , By: La ce T. Pher?gg,Esq., q., o. 32 Francis S. Halli d. No. 6 695 Daniel G. Sc d. 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 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# 141599 Attorneys for Plaintiff 2 9 0 9 0 CU' 21 AN 31: 10