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HomeMy WebLinkAbout06-7122PHELAN 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 {2151 563-7000 145476 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, DB/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ROLLAND C. EBY, JR. 102 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d ~. -'y'I .Z •Z ~~~~~~ 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 #: 145476 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 #: 145476 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, D/B/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROLLAND C. EBY, JR. 102 SOUTH FREDERICK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/29/1999 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: 1539, Page: 203. 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 08/01/2006 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 #: 145476 6. The following amounts are due on the mortgage: Principal Balance $93,112.87 Interest 3,059.38 07/01/2006 through 12/13/2006 (Per Diem $18.43) Attorney's Fees 1,250.00 Cumulative Late Charges 191.54 04/29/1999 to 12/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 98,163.79 Escrow Credit 0.00 Deficit 172.08 Subtotal 172.08 TOTAL $ 98,335.87 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. 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 $ 98,335.87, together with interest from 12/13/2006 at the rate of $18.43 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, L By: /s/Francis S. Hallina LA RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 145476 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the 1st Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, and described according to a Survey made by Gerrit J. Betz, Registered Surveyor, dated January 4, 1974, as follows, to wit: BEGINNING at a point where the Southern side of West Locust Street intersects with the Western side of South Frederick Street; thence extending from said point of beginning and along the said side of South Frederick Street, South 20 degrees 40 minutes East the distance of 61.0 feet to a p.k. nail at the corner of lands now or formerly of Jeffrey D. Sanders, being House No. 104; thence along said lands now or formerly of Jeffrey D. Sanders South 70 degrees 42 minutes 50 seconds West the distance of 114.10 feet to a p.k. nail on the East side of an alley (12 feet wide); thence along said alley North 15 degrees 52 minutes 35 seconds West the distance of 61.0 feet to a p.k. nail on the South side of West Locust Street; thence along the South side of West Locust Street, North 70 degrees 40 minutes East the distance of 109.0 feet to a point, the place of BEGINNING. BEING known as No. 102 South Frederick Street. BEING THE SAME PREMISES which Gregory C. Johnson and Violeta A. Johnson, his wife, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Rolland C. Eby, Jr. PREMISES BEING 102 SOUTH FREDERICK STREET File #: 145476 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ v~ ° ~ ~j ~ , A( ~ ~.~ C~ < c^~ ~~ -^~r" V __ L.~'" ~_ ~ J ' ' lf~ - l ~_ -r ~_ - ~~ ~ i Y ,~ r1 ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07122 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORP ET AL VS EBY ROLLAND C JR 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 EBY ROLLAND C JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT EBY ROLLAND C JR 102 SOUTH FREDERICK_STREET APT A MECHANICSBURG, PA 17055 102 S FREDERICK ST APT A APPEARS TO BE VACANT Sheriff's Costs: Docketing 18.00 Service 9.68 Not Found 5.00 Surcharge 10.00 So answer _....--~~•-" / __- r-- f" R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/03/2007 ~ ~~ . nrs ~~~.~~o~ Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - REGULAR '~ ~ CASE NO: 2006-07122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORP ET AL VS EBY ROLLAND C JR 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 EBY ROLLAND C JR the DEFENDANT at 2036:00 HOURS, on the 2nd day of January 2007 at 3546 ROLO COURT MECHANICSBURG, PA 17055 ROLLAND EBY JR by handing to 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 6.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 ~lay'07 ,/ 25.68 Sworn and Subscibed to before me this day So Answers: ,~ ,~,,.~ R. Thomas Kline 01/03/2007 PHELAN HALLINAN SCHMIEG By ,~ %~/ ~ < Deputy Sheriff of A.D. Phelan Hallinan & Schmieg, LLP 1617 JF1~ Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza. Philadel~~hia, PA 19103 215-5637000 PHH 11~iORTGAGE CORPORATION, F/K/A CEND MORTGAGE CORPORATION, D/B/A HH MORTGAGE SERVICES Plaintiff vas ROLLAND C. EBY, JR. Defendant Court of Common Pleas Civil Division ;.';`~ , ' CUMBERLAND County No. 06-7122 ~-, ~,,,, ~ `~ . ~~ ~ PRAECIPE ~ ~ ..~ ~~- TO THE PROTHONOTARY: ~ p. © ~ c~ °' ~ Please mark the above referenced case settled, discontinued and ended. ~`~-.° ~~ a ._ y, c -- ,~ ~ ern Date: October 1~, 2010 PHELAN HALLIN & SCHMIEG, LL~ ~ ~' -`` (~ ~ By: ) Lawrence T. Phelan, q., 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 ,~heetal 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# 1454.76 ~~~ Attorneys for Plaintiff