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Home My WebLink About02-2940 FEDERMAN 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 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Plaintiff TERM NO. ~ -~9t,(j Q L~~C7~~ v. CUMBERLAND COUNTY WREN A CLEGG LORI L. CLEGG 870 ALEXANDER SPRING ROAD CARLISLE, P A. 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ""THIS FIRM 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 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 TillS 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 COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717)249-3166 Loan #: 4132846 SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-02940 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS CLEGG WREN A ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLEGG WREN A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , CLEGG WREN A SERVICE STOPPED, PER ATTORNEY'S REQUEST. ACCOUNT HAS BEEN CLOSED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 ~~ SHERIFF OF CUMBERLAND COUNTY FEDERMAN & PHELAN 06/20/2002 Sworn and subscribed to before me this Jt(":::: day of ().hU d..oo:L A.D. ~I () fl1J/I~./ ~ P 0 honotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-02940 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS CLEGG WREN A ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says. that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CLEGG LORI L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , CLEGG LORI L SERVICE STOPPED, PER ATTORNEY'S REQUEST. ACCOUNT HAS BEEN CLOSED. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ans,,:~: .~ >~.=--'"..:."...~./ .. ~ ---~ ~~-- R. THOMAS KLI SHERIFF OF C ----/ COUNTY FEDERMAN & PHELAN 06/20/2002 Sworn and subscribed to before me this J.<f ~ day or{).u. ~~ A.D. ~ () f'vt,i"., ~~ Pr t onotary I , IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS 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. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: WREN A. CLEGG LORI L. CLEGG 870 ALEXANDER SPRING ROAD CARLISLE, P A. 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 6/21/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1327, Page 334. By Assignment of Mortgage recorded 9/21/01 the mortgage was assigned to WELLS FARGO HOME MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 681, Page 994. PLAINTIFF is now the legal owner of the 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 1/1/02 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. 6, The following amounts are due on the mortgage: Principal Balance Interest 12/1/01 through 6/1/02 (Per Diem $22.52) Attorney's Fees Cumulative Late Charges 6/21/96 to 6/1/02 Cost of Suit and Title Search Subtotal $106,340,52 4,121.16 1,225.00 201.70 550,00 $112,438.38 Escrow Credit Deficit Subtotal TOTAL 566.97 0,00 ($ 566.97) $111,871.41 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680A03c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $111,871.41, together with interest from 6/1/02 at the rate of $22.52 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 By: ~.-:r~ F FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL thac certa~n trace of lan4 with ~mprovemenes, situaee thereon .in Di.ckinson Townshi.p, JV~e~1an'" r-.......-..r pennsy~va.n.i.a. more partiou1ar~y bounded an aer~bQd as ~ollowat BEGXNN%NG at a spike in the center o~ Townehip Road T-469, a~so known as the Spr~ng Road, said ep~ke a1ao ~Q~ng at the northweet corner o~ 1and now o~ ~ormer1y o~ H. Robe~t Gaeu1~. et UX; thence a10ng che 1and o~ H. Robert Gaeu11, mt ux, South 14 degrees 35 mi.nuces Bast 416 ~eRt to a P08t at corner of 1ands o~ H. Robert Gaeu12 an6 Pau1 K. Wyriok. et UX; thence a10ng 1and o~ the .a~d Pau1 E. wyrick, et ux, South 62 degree. 38 minutes SO seconds West 334.05 feet to a stake at a post; thence a10ng other lands o~ the said Pau~ E. Wyrick, et UX, North ~l degrees 36 minutes Wesc 496.~7 teet to a spike on ~he center 1i.ne o~ the aforesaid Townah~p Road T-469, ehence a~ong said road, North 76 ~egreee 30 minuees East 300 ~eet to a 8p~ke the po~ne and P1aoe o~ BEGINNING. CON'rAXNING 3.264 acree, . The a~ore8.~d cract ~s descr~bed in accordance with a survey by Thomas A. Ne~~. A.S., QY daCe of December 26, ~968. BEXNG the same premises wh~ch Mary C. Stake, e~ng1e person, by deed dat~d November 24, 1986 and recorded in the Office o~ the Recorder o~ Deede in anQ ~or cumber1and county in Deed Sook 32-X, Page 165, granted and conveyed to Thomas G. Staokpo~e and Va~or~~ J, Staokpo2e, hu~band and wi~e, Grantors herein. PREMISES ON: 870 ALEXANDER SPRING ROAD ~ VERIFICATION FRANK FEDERMAN, 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 of 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 its 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. ~c}~ Frank Federman, Esquire Attorney for Plaintiff DATE: LR II?> loa.. ~~ ...... ~ "-> C\ " " ~ ~ OJ ~ ~~6 &o~ I () G , ~ y.. ~~ (") ~; -r'li; mr~-'; Z:J:::l zr-,-. en'L: -<, r.:::;: l.) ;..~C) Z_, ,..( , J>t~ ~ .. <::> .'-., '- c= :';;f~ 9 \.0 ~ ......... '~) ~".) 0;:.> 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 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Court of Common Pleas CUMBERLAND County No. 02-2940 vs. WREN A. CLEGG LORI 1. CLEGG Defendant(s) 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, @6/1c1&/~ Bi~{!1 J' J ~ Lawrence r, Phelan, Esq. Francis S, Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff Date .-' c::.'t c:' c_" (~ (~;:~ ..,.- <,-j '0.; o ~'\\ ..... -:-r..-n i'1"\p _QrI:',_\ ,,,' .~/..) ~~," -' ;~;\\A '!? o CO ~9: