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HomeMy WebLinkAbout06-6562 ~ PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 141616 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 A TTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (j~ . i"S'l, J.- ~ ~ v. WILLIAM E. WITTLE JENNIFER L. WITTLE AIKI A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, P A 17070 CUMBERLAND COUNTY 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 LA WYER, 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 Fi]e #: ]41616 File #: 141616 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. 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: WILLIAM E. WITTLE JENNIFER L. WITTLE AIKI A JENNIFER L. RHOADS 328 FOURTH STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/31/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PUBLIC SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1929, Page: 1337. PLAINTIFF is now the legal owner ofthe mortgage and is in the process of formalizing an assignment of same. 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 06/01/2006 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 #: 141616 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2006 through 11/09/2006 (Per Diem $25.72) Attorney's Fees Cumulative Late Charges 10/31/2005 to 11/09/2006 Cost of Suit and Title Search Subtotal $119,483.58 4,963.96 1,250.00 1 71. 92 $ 550.00 $ 126,419.46 Escrow Credit Deficit Subtotal TOTAL 0.00 806.39 $ 806.39 $ 127,225.85 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 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 $ 127,225.85, together with interest from 11/09/2006 at the rate of $25.72 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 ~eac- /~- By: Is/Francis S, Hallinan LA WRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141616 LEGAL DESCRIPTION ALL THA T CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point or post on the south side of Fourth Street, 100 feet East of Reno A venue; thence by the line of said Fourth Street, 25 feet in an eastwardly direction to the line of Lot Nos. 23; thence by the line of said Lot No. 23, southwardly 140 feet to an alley; thence by the line of said alley, westwardly 25 feet to the line of Lot No. 21; thence by the line of Lot No. 21, Northwardly 140 feet to the place of BEGINNING. BEING Lot No. 22, Block K in the General Plan of George W. Buttorffs Addition to New Cumberland as recorded in the Recorder's Office of Cumberland County. BEING improved with one-half of a double two and one-half story frame dwelling house known as 328 Fourth Street, New Cumberland, Pennsylvania. BEING the same premises which Bruce Alan Homes, Inc. by deed dated October 31, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 260, Page 2198, granted and conveyed unto William R. Hamilton and Linda L. Hamilton, husband and wife, Grantors herein. File #: 141616 , VRRTFTCATTON 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 unsworn falsification to authorities. 1)w~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ///q/(p , ~ r~ 0\ 0- i..lJ 1'-' -S:> "' ~ C.I') -c:: l..l-I {' ~ ~ Fo "'..., J};; Cy\ "Vi a C~, ~ w r:, -~ , V:) ',-" ~- ,_C) "'i-1 --{ -r ~:-'-; :!J j I'r.. l---r-; (..) r- c..,) PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 Daniel G. Schmieg, Esquire LD. No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. WilIaim E. WitHe Jennifer L. WitHe A/K/ A Jennifer L. Rhoads Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 06-6562 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. II 13J)o 0 r Date 141616 7-~~ /-Id(~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff (") c ~ -urr.~,- [l'.}'Ci . :::~:; 0.,._ ~c "-,--"" /-. '7;>,;,. ;=1.-.. Pc: ~ ~ <=> = C" <::) rrt CJ I U1 ~ :C,:n Ill' -om -TJ......... 01. ~C) :;::::; ~:rJ I -.:!J (50 :z: rn 9 ~ ~ - - N 0' SHERIFF'S RETURN - REGULAR ........ ~ CASE NO: 2006-06562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WITTLE WILLIAM E ET AL GERLAD N 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 WITTLE WILLIAM E the DEFENDANT , at 1710:00 HOURS, on the 5th day of December, 2006 at 328 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to WILLIAM E WITTLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. 1/ ba/61 Sworn and Subscibed 18.00 14.96 .00 10.00 .00 42.967 ~ to So Answers: <~~~ Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline 00/00/0000 before me this day BY~~ Deputy S riff of A.D. SHERIFF'S RETURN - REGULAR ..... .", CASE NO: 2006-06562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WITTLE WILLIAM E ET AL GERALD N 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 WITTLE JENNIFER L AKA JENNIFER L RHOADS the DEFENDANT , at 1710:00 HOURS, on the 5th day of December, 2006 at 328 FOURTH STREET NEW CUMBERLAND, PA 17070 by handing to WILLIAM E WITTLE HUSBAND 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: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 y"'16.00 i)b3J(J? ~ Sworn and Subscibed to So An<~ ~ R. Thomas Kline 00/00/0000 before me this day BY~l^~ Deputy eriff of A.D.